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Cellphones Crime Privacy

In Baltimore and Elsewhere, Police Use Stingrays For Petty Crimes 213

USA Today reports on the widespread use of stingray technology by police to track down even petty criminals and witnesses, as well as their equally widespread reluctance to disclose that use. The article focuses mostly on the city of Baltimore; by cross-checking court records against a surveillance log from the city’s Advanced Technical Team, the USA Today reporters were able to determine at least several hundred cases in which phony ("simulated") cell phone towers were used to snoop traffic. In court, though, and even in the information that the police department provides to the city's prosecutors, the use of these devices is rarely disclosed, thanks to a non-disclosure agreement with the FBI and probably a general reluctance to make public how much the department is using them, especially without bothering to obtain search warrants. From the article: In at least one case, police and prosecutors appear to have gone further to hide the use of a stingray. After Kerron Andrews was charged with attempted murder last year, Baltimore's State's Attorney's Office said it had no information about whether a phone tracker had been used in the case, according to court filings. In May, prosecutors reversed course and said the police had used one to locate him. "It seems clear that misrepresentations and omissions pertaining to the government's use of stingrays are intentional," Andrews' attorney, Assistant Public Defender Deborah Levi, charged in a court filing.

Judge Kendra Ausby ruled last week that the police should not have used a stingray to track Andrews without a search warrant, and she said prosecutors could not use any of the evidence found at the time of his arrest.
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In Baltimore and Elsewhere, Police Use Stingrays For Petty Crimes

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  • Reminds me of a Baltimore TV show. Now, what was it called?
    • Except those wiretaps were lawfully obtained with a search warrant approved by a judge.

      • Re: (Score:3, Informative)

        by inflamed ( 1156277 )

        Except those wiretaps were lawfully obtained with a search warrant approved by a judge.

        Better watch more closely - or watch the whole thing :-)

      • by mi ( 197448 )

        Except those wiretaps were lawfully obtained with a search warrant approved by a judge.

        Except, according to TFA, we aren't talking about wiretaps here — the contents of the phone calls is not accessed by the police. Only the locations of the devices and the fact of the calls.

        IANAL, but warrant is, probably, not necessary in such cases — long ago it was established, that although police need a warrant to open a letter, they can study the envelopes to their hearts' content.

        • by raymorris ( 2726007 ) on Sunday August 23, 2015 @11:01PM (#50377685) Journal

          Under federal (U.S. Code â Title 18 â Part II â Chapter 206 â Â 3122 a), state and local law enforcement must get a court order before using a device which records which numbers are called.

          Using such a device (called a pen register) without a court order is punishable by one year in jail.

          So it's not necessarily unconstitutional, but it's absolutely illegal, by the plain text of chapter 206.

          • by mi ( 197448 )

            So it's not necessarily unconstitutional, but it's absolutely illegal, by the plain text of chapter 206.

            In that case, I want ACLU to refund my donations. They aren't doing their job...

            • by raymorris ( 2726007 ) on Monday August 24, 2015 @08:26AM (#50379403) Journal

              The story does mention the court ruled the use of a Stingray without a warrant is unconstitutional, so someone is doing their job.

              Personally, I prefer to give money to the EFF rather than the ACLU since the ACLU advocates for racial discrimination, but everyone has their own opinions.

              I find it very offensive that the ACLU says my daughter has to be given extra points in order to compete, because black people like her are too stupid to do well by their own talents and effort. That's a particularly nasty type of racism, in my view. I also think they are wrong to say that I should be denied admission in favor of someone less qualified because I happen to havevpale skin. That part bothers me much less than their patronizing attitude toward my wife and daughter, though, their belief that my wife and daughter can't manage without special favors and protection from snotty white people.

        • IANAL, but warrant is, probably, not necessary in such cases

          Judge Kendra Ausby ruled last week that the police should not have used a stingray to track Andrews without a search warrant

          It's right there in the summary. All you had to do was finish reading it before posting.

          • by mi ( 197448 )

            the police should not have used a stingray to track Andrews without a search warrant

            "Should not have used" is not quite the "it was illegal to use", is not it? Has a different ring to it...

            • Depends on whether the person saying "Should not have used" is a sitting Judge or not.

              If it were said at a cocktail party, I imagine it would be different. If it were said from the Bench, not so much....

    • Hey, I know that one!

      HOT L BALTIMORE [imdb.com]!

      So what do I win?

  • by Anonymous Coward on Sunday August 23, 2015 @09:06PM (#50377191)

    When violating the Supreme Law of the Land means that none of the law-breakers involved get punished, it's clear that something has to be changed. Whether it takes an amendment or not, what needs to happen is that if you're so gung ho certain that you've got the right guy that you feel like you don't need to obey the law, well then go right ahead. That guy goes down for murder and you go down for violating the Constitution. Oh, you didn't have any guy so you went on a fishing expidition and you infringed the rights of 100 Americans looking for someone breaking the law? That's 100 counts.

  • No surprise (Score:5, Insightful)

    by penguinoid ( 724646 ) on Sunday August 23, 2015 @09:09PM (#50377205) Homepage Journal

    They have a tool and they're going to use it.

    • Re:No surprise (Score:5, Insightful)

      by Scutter ( 18425 ) on Sunday August 23, 2015 @09:16PM (#50377233) Journal

      Until there are actual, real, PERSONAL consequences for the public officials who violate our civil rights under color of law, the abuses will NEVER EVER stop. "Forgetting" to get a warrant isn't an "oopsie". It's a violation of our 4th Amendment Rights. The founding document upon which our country was built is the highest law of the land. Breaking that covenant shouldn't be a slap on the wrist. It should be criminal charges at the very least.

      • by raymorris ( 2726007 ) on Sunday August 23, 2015 @11:06PM (#50377693) Journal

        There is a very clear federal law making this a crime, so they absolutely could be charged, if a federal prosecutor chose to do so.

        U.S. Code , Title 18 , Part II , Chapter 206. Â 3122 a) says that state and local law enforcement must get a court order before using a device which records which numbers are called.

        Using such a device (called a pen register) without a court order is punishable by one year in jail.

        I don't know if any charges have ever been brought under that paragraph, but they very easily could be. The law is pretty clear.

        • by AmiMoJo ( 196126 )

          Don't you have private prosecutions in the US? In most countries if the state fails to act then citizens can pay for their own prosecution instead.

          • Don't you have private prosecutions in the US?

            In a word, "no".

            We can do a civil suit for this sort of thing, but that's expensive and allows only civil penalties, not criminal penalties.

            A side effect of being one of the oldest continuous governments extant, I think. (think about it: most current governments in the world are younger than the USA. A large minority, if not a majority, are 100 years old).

          • There are no longer private persecutions at the federal level. State laws vary, but most are restrictive. As is often the case, Texas is a bit of an outlier in that a citizen can contact the grand jury directly and seek an indictment.

            California, Louisiana, and Texas tend to have more differences in their laws than other states, with California always trying new things, Texas prioritizing individual rights vs less government, and Louisiana having French / Cajun traditions.

      • A behavior I've seen among police I've known is profiling and persecuting. Mark a bad apple, then bust'em on whatever you can. Preventative enforcement - very efficient, completely unfair, and difficult to prove as illegal.

  • by whoever57 ( 658626 ) on Sunday August 23, 2015 @09:17PM (#50377235) Journal
    What's really shocking is that the police invested any effort in tracking down a mobile phone thief. The victim must have been someone with influence.
    • by almechist ( 1366403 ) on Sunday August 23, 2015 @09:44PM (#50377333)

      What's really shocking is that the police invested any effort in tracking down a mobile phone thief. The victim must have been someone with influence.

      Yep. In at least one case mentioned in TFA the phone was taken from a police facility parking lot. You know that phone had to belong to a cop. From the article:

      In Baltimore, at least, it’s how the police tracked the man they suspected stole a phone from the back seat of a car parked outside the city’s central booking facility in 2009. Two days after the theft, an officer said in a court filing that detectives found Danell Freeman holding the phone in the doorway of an East Baltimore public housing complex. The court filing did not say how detectives knew to look for the phone there, but a police surveillance log indicates they used a stingray.

      I'm pretty sure I wouldn't get that level of service if my phone was taken.

    • by Anonymous Coward

      They deceive the court (by withholding vital information or by flat out lying), in order to uphold an EULA! So EULA > LAW

      Surely that's the big crime here, those officers should not be accepting orders from the FBI to lie to a court. Its perjury or withholding evidence. Actual real crimes being committed.

      It's like the parallel construction thing, call it Parallel Construction and it sounds positive. But its fabrication of evidence, an officer goes into court and lies about the chain of evidence to a judge

    • by ruir ( 2709173 )
      You are wrong. What is really shocking is the newspaper publishing an uninformed turd they call news, not stating the truth when saying the devices are not able to listening on conversations and SMSes. Even I know they have been used for quite a while, and there have been scandals of police forces spying on ex-lovers with that, but no....the public in general is not supposed to know that. Shameful.
  • Steal a stingray (Score:4, Interesting)

    by ArchieBunker ( 132337 ) on Sunday August 23, 2015 @10:04PM (#50377447)

    Maybe we need to set up a bitcoin bounty for a stingray. I'd imagine reverse engineering it would reveal a wealth of information.

    • by AmiMoJo ( 196126 )

      You can buy the equipment needed to make your own on eBay. There is nothing mysterious about them, they are just base stations configured to tell phones to prefer them. It's a standard feature of cellular base station networking equipment.

      More interesting are projects like Android IMSI-Catcher Detector [github.io] which can alert you when your phone connects to one of these fake base stations. It's kind of alarming to see how many are in use around London, for example. If you are going to raise some cash then give it t

  • by catchblue22 ( 1004569 ) on Sunday August 23, 2015 @10:06PM (#50377455) Homepage

    According to this study [cambridge.org], America is an oligarchy. Here is a quote [newyorker.com] (as per the New Yorker):

    Americans do enjoy many features central to democratic governance, such as regular elections, freedom of speech and association, and a widespread (if still contested) franchise. But we believe that if policymaking is dominated by powerful business organizations and a small number of affluent Americans, then Americaâ(TM)s claims to being a democratic society are seriously threatened.

    When I hear about abuses of power, when I hear about the NSA spying on everyone, when I hear about militarization of police, when I hear about local police departments running roughshod over the Constitution as implied in the parent article, I start to think that something is deeply wrong in America. Then I remember that Americans still have the right to vote in those who rule them. And that is encouraging. But then I realize that most Americans have lost the ability to comprehend the systems of power that rule them. I remember that too many Americans vote based on shallow ignorant views, that they are persuaded by 30 second political TV commercials instead of actual rational argument, which is boring and long and tedious. And I remember that those 30 second TV commercials are expensive, and that politicians must go begging to those with large amounts of money in order to buy those 30 second commercials. And I remember that when politicians accept money from those very wealthy interests, that they become enslaved to them. And this makes me feel hopeless.

    Then I remember that if Americans stopped listening to shallow arguments given in 30 second TV commercials, if they started to demand rational argument instead of the shallow blather that has so far persuaded them, then they could take back power from the corrupt wealthy interests who have driven the country into the ground over the last three and a half decades. And that makes me a little bit hopeful.

    • >if Americans stopped listening to shallow arguments given in 30 second TV commercials, if they started to demand rational argument instead of the shallow blather that has so far persuaded them, then they could...

      doesn't matter, won't happen.

    • According to this study [cambridge.org], America is an oligarchy

      That paper costs $30. Could you please summarize the evidence supporting their major ideas?

  • The cost of collecting it all is now down to a city, county, parishes, state.
    Why just sell to nations when 100's of cities can be made to pay for device upgrades that keep track with cell phone hardware.
    What was once used for one person over in a foreign country is now tracking all in very hidden domestic setting.
    The real risk is who else is buying another set of hardware in the same area to run counter surveillance, use by internal affairs or for years of federal tracking of interesting local state law
  • by phantomfive ( 622387 ) on Sunday August 23, 2015 @10:19PM (#50377519) Journal
    If they're going to invade our privacy so deeply, it would be nice if they'd actually do something.

    Right now, if you call the police, and tell them that someone broke into your house, they will respond and......write a report.
    "Are you going to go find him?"
    "No."
    "But you have the fingerprints!"
    "We'll put that in the report."
    ".........."
    • Depends a lot on what kind of neighborhood you live in. Like airlines, police reserve their highest level of "customer service" for the wealthiest patrons.

    • in the UK, there's one police force who only turn up to even numbered houses when burglaries are reported... http://www.telegraph.co.uk/new... [telegraph.co.uk]
      • That article says:

        Leicestershire police said the policy had "no noticeable impact on victim satisfaction,"

        Which means they were mainly doing poor work to begin with.

    • by swb ( 14022 )

      I've been lucky that the last time I was the victim of a crime was in 1992. I got my car window smashed in a restaurant parking lot and my stereo stolen. The cops gave me a police report number for insurance and that was the end of it.

      But I've heard from two different people who live within a few blocks of me recently who had been burglary victims and the police dusted for prints in both cases, including one where the only break-in was the garage and the item stolen was a low-end bike.

      Our neighborhood is,

      • My parents car got stolen from their driveway. The police found the car in a parking lot where traffickers stage cars for pickup and delivery to Mexico. They actually got prints off of the car and identified the suspect, a known car thief with priors. A warrant was not created for his arrest. My parents insisted on pressing charges, but the police would not do it. They also would not release the information of the car thief so that my parents could shop around for a government authority that was willing to
    • by GuB-42 ( 2483988 )

      The thief was caught. So they actually did something.
      In fact, the news broke after the police caught the thief and was asked how they did it. In other words, you can argue that it was a violation of privacy but you can't argue that it was ineffective.

      • The thief was caught. So they actually did something.

        The phone was stolen from the police station. You can conclude that the police are willing to do something when they lose their own phone.

  • by WaffleMonster ( 969671 ) on Sunday August 23, 2015 @11:55PM (#50377865)

    I know technical solutions to political problems but cheap and trivial availability of technology is what's directly fueling these shortcuts.

    Running software on mobile handsets to detect and map the use of stingrays is hardly unreasonable or impractical. If enough people did it stingrays might become sufficiently risky and worthless such that police departments would find the time to ask a judge for warrant to get information from Telcos.

  • In Baltimore and Elsewhere, Police Use Stingrays For Petty Crimes

    While it's nice to know they're equipped with the latest tech, they really shouldn't be committing petty crimes in the first place.

    • It's certainly possible we'd be better off

      if the police remained exclusively involved

      in crimes that were petty.

  • the use of these devices is rarely disclosed, thanks to a non-disclosure agreement with the FBI and probably a general reluctance to make public how much the department is using them, especially without bothering to obtain search warrants

    So when the police lie about how they obtained evidence, allow an NDA with a corporation to be used to deny due process, and use this shit without a warrant ... this stuff should be a criminal act.

    This should be the kind of thing which gets you stripped of your duties and t

  • So the one example the give us is a murder. Maybe that is petty crime in Baltimore. These days that seems likely. In other parts of the country, murder is frowned upon. The annoying thing is that, by ignoring all the rules, this murderer is likely to be let off with a technicality and be back on the streets, murdering with impunity.
  • What doesn't make sense here is that, if an item is stolen, tracking it shouldn't require permission of the person who stole it or a court order; the rightful owner should be able to authorize it. In fact with all of the "find my phone" features out there, I'm not even sure why the expensive devices are needed. If my phone was stolen and police wanted to use the "find my phone" feature to retrieve it, I would hate to hate to see that evidence thrown out. Of course, it also should be easy to get the warra
  • Since most people spend 95% of their time at either home, work, or some such place, you'd think there could be an app that lets you know you are connecting to a strange tower it doesn't know about. That app could even have a setting to disconnect if such an incident were to happen. Since these are so secretive, there is no way to know if nefarious types are using them for illegal purposes. This would seem to help keep phones secure from anyone legally or illegally using such a Stingray device.

"What is wanted is not the will to believe, but the will to find out, which is the exact opposite." -- Bertrand Russell, _Sceptical_Essays_, 1928

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