Cops & Data Collection: Stingrays Under Scrutiny
According to the WSJ report, the U.S. Justice Department has launched a full scale investigation of how police agencies use these snooping devices. As a result they may be about to reveal significant details about how and where the devices are typically deployed. For ten years or more Stingrays have been cloaked in intense secrecy. In some cases criminal prosecutions were halted rather risk admitting in court that the devices were used.
How does a Stingray work? By locating a specific phone in a crowd, sometimes even from a plane flying overhead. They also have the capability to extract more comprehensive data from the phone. Stingrays impersonate 2G cell towers. These towers don’t require any authentication to connect to a phone as long as the Stingray is the strongest signal in the area. Cell phones automatically connect to the device revealing their location and basic identification data. The use of Stingrays inhibits other networks from working properly resulting in significant service disruptions in the areas where they are used.
Stingrays are significant for how deeply they have become entrenched in the law enforcement world. A number of Justice Department agencies are known to have access to the devices including the U.S .Marshals. But local law enforcement is also beginning to use the technology. The Electronic Freedom Foundation (EFF) has compiled legal evidence of Stingray use by local departments in Baltimore, Sarasota, and Tacoma. The EFF believes that many more local departments are using the technology but do not refer to the devices in court. A recent test run in Washington, DC revealed as many as 18 different Stingray-like service interruptions in just two days.
Breaking It Down
America’s system of rights and justice seem to be slowly crumbling. I used to think that those folks we call right-wing gun toting nut cases railing about the government destroying our rights were just that, nuts. I am not so sure anymore. No, not at all.
First of all the collection of data and information on ordinary citizens is simply un-Constitutional anyway you look at it. In the story about license plate data collection I have to ask who is responsible for not deleting the data the Attorney General ordered destroyed? I want that guy’s name. I want to know why license plate data was being collected at political rallies? Keep in mind these are the very same tactics used in totalitarian states. Constant watching for dissent. Have we come to that?
Now we have law enforcement and prosecutors working together to hide information collected using Stingrays. How much of that evidence has resulted in wrongful convictions of black men, or anybody for that matter? Let’s talk about the fruit of the poison tree. It works like this; any evidence obtained illegally is not admissible in court. Any OTHER evidence collected as a result of the original illegal evidence is also not admissible. But if the cops and prosecutors are hiding the use of Stingray and collect evidence based on information discovered by this technology then that evidence is not legal. Cops, lawyers and all prosecutors know this. So how many black men are sitting in prison as a result of this practice? So now you see how technology can be abused in the cause of justice
Prosecutors are deciding to drop cases that may reveal Stingray use. What? Is this evidence of illegal obtained evidence being concealed? Again technology being used to pervert justice.
Questions abound. Since when did America allow the hidden collection of information by law enforcement? And when did we allow cops and prosecutors to work together? I thought there was supposed to be a separation of powers in the Constitution? One branch enforces the law another prosecutes violation. When did that change?