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Privacy Cellphones Government United States

US Gov't Will Reveal More About Its Secret Cellphone Tracking Devices 94

An anonymous reader writes: The U.S. Department of Justice has launched a major review of how law enforcement around the country uses cellphone tracking technology, and they will also begin sharing more information about how it works. So-called "Stingray" devices have been in the news a lot recently, as privacy activists try to piece together how they're used. Police and federal agencies have been notably resistant to sharing how they use this tool, even after we learned that they often don't bother with warrants and may have been drastically overusing it. Still, they're not going to reveal everything about the Stingrays: "Officials said they don't want to reveal so much that it gives criminals clues about how to defeat the devices. Law-enforcement officials also don't want to reveal information that would give new ammunition to defense lawyers in prosecutions where warrants weren't used, according to officials involved in the discussions."
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US Gov't Will Reveal More About Its Secret Cellphone Tracking Devices

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  • Secrets (Score:5, Informative)

    by __aabppq7737 ( 3995233 ) on Monday May 04, 2015 @08:54AM (#49610625)
    Secret precedents defined in secret courts covering secret laws on secret programs uncovering more secrets... Something's phishy here...
    • Secret precedents defined in secret courts covering secret laws on secret programs uncovering more secrets... Something's phishy here...

      Would it make you feel better if you used the word proprietary here instead?

      A few thousand companies don't seem to mind...after all, how do you think they keep their secrets...

  • [redactd] (Score:4, Funny)

    by syn3rg ( 530741 ) on Monday May 04, 2015 @08:55AM (#49610629) Homepage
    [redacted] post
  • wtf (Score:5, Insightful)

    by Anonymous Coward on Monday May 04, 2015 @08:59AM (#49610655)

    "also don't want to reveal information that would give new ammunition to defense lawyers in prosecutions where warrants weren't used" then they should have gotten an arrest warrant to begin with!!!

    • Re:wtf (Score:5, Insightful)

      by abelenky17 ( 548645 ) on Monday May 04, 2015 @10:04AM (#49611225)

      Totally.

      Does the prosecution not have a legal duty to turn over potentially excuplatory evidence??

      http://en.wikipedia.org/wiki/E... [wikipedia.org]

      "In many countries, including the United States, police and prosecutors are required to disclose to the defendant exculpatory evidence they possess before the defendant enters a plea (guilty or not guilty)."

      • by Anonymous Coward

        Exculpatory evidence means evidence the defendant maybe didn't do it. It doesn't mean evidence that Slashdot would be mad about the legal methods the police used to find the evidence that the defendant really did do it.

      • Re:wtf (Score:4, Insightful)

        by swb ( 14022 ) on Monday May 04, 2015 @12:38PM (#49612877)

        1) Cops gather evidence via unconstitutional means.
        2) Consulting attorney tells them what evidence is needed to get a conviction via constitutional means
        3) Cops use unconstitutional evidence as a roadmap to gather constitutional evidence
        4) Cops present case with just constitutionally gathered evidence to prosecutor, don't share unconstitutional evidence with prosecutor
        5) Prosecutor in the clear, has no knowledge of unconstitutionally gathered evidence and nothing to share with defense regarding unconstitutional evidence gathering

        I believe the general term is parallel construction.

      • Totally.

        Does the prosecution not have a legal duty to turn over potentially excuplatory evidence??

        http://en.wikipedia.org/wiki/E... [wikipedia.org]

        "In many countries, including the United States, police and prosecutors are required to disclose to the defendant exculpatory evidence they possess before the defendant enters a plea (guilty or not guilty)."

        Yes, but there's no enforcement mechanism and no penalties - criminal or civil - for breaking this "law". It's a literal farce.

        Imagine we had speed limits with no penalties. An officer pulls you over, says "you're going over the speed limit". You say "Yeah, so what?" His response: "you're not supposed to go over the speed limit. Other than that, have a nice day."

    • Re:wtf (Score:5, Insightful)

      by Woeful Countenance ( 1160487 ) on Monday May 04, 2015 @10:38AM (#49611641)

      "... don't want to reveal information that would give new ammunition to defense lawyers ..."

      Should be "... don't want to reveal information that would allow citizens to exercise their civil rights."

    • by Anonymous Coward

      Yeah I see it more as "we don't want to admit criminal wrongdoing."

  • by Anonymous Coward on Monday May 04, 2015 @08:59AM (#49610661)

    "that would give new ammunition to defense lawyers in prosecutions where warrants weren't used"

    So they want to deny information to the defense attorneys that could exonerate their clients? Isn't that a little like a prosecutor withholding information regarding a witness that claims to have seen another person committing the crime? Call me crazy but isn't the justice system is supposed to be open and fair, not closed and selective?

    • by thaylin ( 555395 ) on Monday May 04, 2015 @09:27AM (#49610877)

      It would not exonerate their clients, but it may get them off because the law broke the law to get them down. It will not remove mean they did not commit the crime, just that 2 wrongs dont make a right.

      • by Anonymous Coward on Monday May 04, 2015 @09:34AM (#49610939)

        Since this (getting off on a technicality) is a valid tactic for many officials caught (sometimes literally) with their pants down, why shouldn't it work for everybody? Improperly gathered evidence is improperly gathered evidence.

        • by thaylin ( 555395 )

          I am not arguing that these people should or should not get off. I am arguing that it does not exonerate them of the crime. Getting off on a technicality, or because the officers broke the law to catch you, does not exonerate you, it just means you wont be punished for it.

          • by Anonymous Coward

            Which is a good thing. Our society is way too focused on revenge, to the point I sometimes question the ability of a jury to be neutral, especially when we have the FBI making up things, Cops lying, and prosecutors who care more about perception of being tough on crime than if people are innocent or guilty.

            • by thaylin ( 555395 )

              I agree that cops should not be able to break the law to catch law breakers, except in the narrow circumstances such as speeding to catch speeders that society allows, and that illegal actions and the fruit that they gather should be thrown out. In fact I would also support prosecuting the cops that do this as well.

        • Doesn't everyone get off with their pants down?

      • by dcollins117 ( 1267462 ) on Monday May 04, 2015 @10:51AM (#49611763)

        It would not exonerate their clients, but it may get them off because the law broke the law to get them down.

        If law officers are breaking the law, then what is the difference between them and criminals?

        • If law officers are breaking the law, then what is the difference between them and criminals?

          The cops have better criminal connections. They also provide the cops their budgets.

        • by Headrick ( 25371 )

          The cops are the only gang you can't call the cops on.

  • In other words ... (Score:5, Insightful)

    by gstoddart ( 321705 ) on Monday May 04, 2015 @09:04AM (#49610707) Homepage

    "Officials said they don't want to reveal so much that it gives criminals clues about how to defeat the devices. Law-enforcement officials also don't want to reveal information that would give new ammunition to defense lawyers in prosecutions where warrants weren't used, according to officials involved in the discussions."

    If we reveal the extent to which we're actually breaking the law, the lawyers might be able to argue that by bypassing the law the shit we've done is in admissible in court.

    And, once again, the police have decided it's far more convenient if they can simply lie or conceal what they actually do, so they don't have to be under scrutiny.

    Sorry, but no. Either you use this technology legally, with warrants as legally required .. or you fuck the hell off and don't use it.

    This is no better than the National Police Perjury Program best known as parallel construction -- in which we encourage law enforcement to lie about how they did things to deny you a valid legal defense.

    If this is what the police want, fuck 'em. When the police no longer believe the law applies to them, they've become a whole new problem.

    Complaining that defense lawyers being able to challenge an illegal wire tap means law enforcement is either corrupt or incompetent.

    Lying bastards.

    • by xxxJonBoyxxx ( 565205 ) on Monday May 04, 2015 @09:18AM (#49610801)

      >> Law-enforcement officials also don't want to reveal information that would give new ammunition to defense lawyers in prosecutions where warrants weren't used

      I didn't get this either - shouldn't this normally be part of the discovery process?
      (Remember that scene in My Cousin Vinny where Vinny discovers...er...discovery?)

      • by gstoddart ( 321705 ) on Monday May 04, 2015 @09:23AM (#49610847) Homepage

        Basically law enforcement doesn't want to have to abide by the law. They want to be able to use any tool they can find, without oversight, and they don't want it challenged in courts.

        Basically they want a blank check to do anything they want.

        They want to be able to say "your honor, he's guilty because we say he's guilty, and pay no attention to the evidence we're hiding about how we arrived at this conclusion".

        Needing warrants and adhering to the law has apparently become too inconvenient. Because the police are either corrupt, lazy, or incompetent.

        But, we already knew that.

        • Because the police are either corrupt, lazy, or incompetent.

          Why not all three?

          • by Anonymous Coward

            You can only pick 2 of 3 things. Always.

            Corrupted and lazy; because they are very competent at not getting caught.

    • by geekmux ( 1040042 ) on Monday May 04, 2015 @09:26AM (#49610871)

      "Officials said they don't want to reveal so much that it gives criminals clues about how to defeat the devices. Law-enforcement officials also don't want to reveal information that would give new ammunition to defense lawyers in prosecutions where warrants weren't used, according to officials involved in the discussions."

      If we reveal the extent to which we're actually breaking the law, the lawyers might be able to argue that by bypassing the law the shit we've done is in admissible in court.

      And, once again, the police have decided it's far more convenient if they can simply lie or conceal what they actually do, so they don't have to be under scrutiny.

      Sorry, but no. Either you use this technology legally, with warrants as legally required .. or you fuck the hell off and don't use it...

      Uh, you forgot about the methods in which they tell you to fuck the hell off...which would include you standing there with your attorney shelling out a few thousand dollars to defend what should have been thrown out in the first place.

      Do NOT underestimate the design of the current system and it's ability to line the pockets of someone, no matter how illegitimate the charge.

      In my opinion, THIS is the larger crime here, as the cost to defend ones self starts to easily escape what the average person can afford.

      In the end, this essentially means that the establishment doesn't need to defend any action, legal or otherwise.

      And they fucking know it.

  • by pla ( 258480 ) on Monday May 04, 2015 @09:07AM (#49610725) Journal
    Law-enforcement officials also don't want to reveal information that would give new ammunition to defense lawyers in prosecutions where warrants weren't used, according to officials involved in the discussions.

    Un-fucking-believable - Or rather, sadly all too believable.

    That one statement right there almost completely expresses everything wrong with modern American legal system.

    Mr. Prosecutor, I would point out that if you would so willingly abandon the core principles of our legal system - The ideas of innocent until proven guilty and having the right to face your accuser in court - Why shouldn't we go back to vigilante mob justice and tar-and-feather your worthless ass for breach of public trust?
  • by ugen ( 93902 ) on Monday May 04, 2015 @09:24AM (#49610853)

    There technology behind these intercepts is not particularly complex, so I don't think there is a significant need to explain "how it works". The fact that they are trying to "share" information that is already quite clear to all interested parties, suggests that this is a PR effort for the public, rather than an attempt to modify law enforcement practices in earnest.

    • by PPH ( 736903 )

      In the words of a respected law enforcement official, "It's not what you know. It's what you can prove."

      You might have a pretty good idea of how a Stingray works, but your opinion is inadmissible in court. Once you have some hard evidence on what the equipment does and documentation on how law enforcement uses its capabilities, it's all just hearsay.

  • by Loki_1929 ( 550940 ) on Monday May 04, 2015 @09:31AM (#49610917) Journal

    "Law-enforcement officials also don't want to reveal information that would give new ammunition to defense lawyers in prosecutions where warrants weren't used, according to officials involved in the discussions."

    Find those officials and indict them. Get them to roll on others involved, get them to roll, so on and so forth until you have everyone from prosecutors to judges to field agents to police officers to administrators to politicians; indict the lot of them for a criminal conspiracy to violate the civil rights of thousands - if not millions - of Americans. Indict the manufacturer too and open all of them to civil suits by everyone involved. In fact, just launch one on behalf of everyone affected.

    Put a few thousand people in prison, bankrupt manufacturers, towns, cities, police departments, and individuals, and watch this kind of shit stop real quick. Such action would force everyone else to very careful examine how they treat the civil rights of both suspects and regular people who might get caught up in the dragnet. It would demonstrate real and lasting consequences for knowingly violating the legal rights of the people. It would bring us closer to a more just and perfect union.

    Or we could just quietly sweep it under the rug and unwind the most untenable abuses while making some fairly innocuous details available to the public in the name of transparency. I'm sure that'll also work.

    • by Anonymous Coward

      Before you start rolling stones, make sure the slope is steep.

      For reporting tax avoidance we have:
      http://www.irs.gov/uac/Whistleblower-Informant-Award

      Other than getting blackballed, what benefit is there for people who want to report government agencies?

    • You forget the prosecutors that would indict them are knowing or at least complicit in this. Core issue is police and prosecutors should be adversarial but are not. Sire issue is police units have manged to carve out special exemptions protecting from these sort of indictments rather requiring an internal review.

  • by account_deleted ( 4530225 ) on Monday May 04, 2015 @09:45AM (#49611043)
    Comment removed based on user account deletion
  • by Lab Rat Jason ( 2495638 ) on Monday May 04, 2015 @10:00AM (#49611193)

    What I'm hearing when I read this, is that cell phone technology has some kind of weakness so severe, that just a whiff of the exploit will set experts on the obvious path to uncovering it... thus to leak any information at all will provide security researchers with everything they need to figure it out and fix it. Once that is done, the value of stingray devices will be moot. Or in other words... c'mon security researchers, you're so damn close the government can taste it!

    • > Once that is done, the value of stingray devices will be moot.

      Indeed one can bet that the stingray technology is obsolete and the next surveillance gadgets are ready for use.
       

  • Period.

    Same thing goes for GPS tracking.

  • Will defense also have access to the raw data? It is all to possible for the defense to use that data to show other people who also had the opportunity to do the crime. When you listen to a recording or view a video you get the whole, unaltered content. Law enforcement should be required to produce the raw data and demonstrate their process for analyzing the data to ensure those processes are not flawed. Otherwise just showing a Stingray report is like showing a single cropped frame from a video in cour

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