{"id":134824,"date":"2017-09-22T07:46:37","date_gmt":"2017-09-22T13:46:37","guid":{"rendered":"http:\/\/hill-kleerup.org\/blog\/?p=134824"},"modified":"2017-09-22T08:33:50","modified_gmt":"2017-09-22T14:33:50","slug":"use-stingray-devices-without-warrant-declared-unconstitutional","status":"publish","type":"post","link":"https:\/\/hill-kleerup.org\/blog\/2017\/09\/22\/use-stingray-devices-without-warrant-declared-unconstitutional.html","title":{"rendered":"Use of Stingray devices without a warrant declared unconstitutional"},"content":{"rendered":"

One of the disadvantages of a more connected world — a world where those connections are not just fun, but a critical part of daily life — is that connections make it easier to track you in various ways.<\/p>\n

Stingray devices are highly secret tools that effectively simulate cell towers to your phone; once your phone has checked in by coming into range, it can be used to real-time locate and track you. The technology was developed by the Feds, and has slowly trickled out to law enforcement, but on a high confidential basis; the government has often refused to admit that Stingrays exist, or that their tech was used in gathering evidence in certain investigations.<\/p>\n

In some cases, though, it’s come out, and the courts — including the DC Appeals Court — have tended to be unhappy with Stingray use without a warrant.<\/p>\n

We thus conclude that under ordinary circumstances, the use of a cell-site simulator to locate a person through his or her cellphone invades the person’s actual, legitimate, and reasonable expectation of privacy in his or her location information and is a search. […] We agree with [the defendant] that the government violated the Fourth Amendment when it deployed the cell-site simulator against him without first obtaining a warrant based on probable cause.<\/p><\/blockquote>\n

Search warrants are not actually all that hard to get, if you have probable cause to think that a particular person has information needed; judges are not usually that difficult to persuade. Searching without a warrant is sloppy, or lazy, or indicates a fishing expedition, whether we’re talking about a Stingray or throwing someone’s apartment — and it leads to cases being dismissed or convictions overturned.<\/p>\n

EFF analysis here: https:\/\/www.eff.org\/deeplinks\/2017\/09\/appeals-court-rules-against-warrantless-cell-site-simulator-surveillance<\/a><\/p>\n


\n
\n<\/a>
\nCourt rules Stingray use without a warrant violates Fourth Amendment<\/a><\/span>
\nThe ruling could impact how cell-site simulators are used by law enforcement.<\/p><\/blockquote>\n

View on Google+<\/a><\/span><\/p>\n","protected":false},"excerpt":{"rendered":"

One of the disadvantages of a more connected world — a world where those connections are not just fun, but a critical part of daily life — is that connections make it easier to track you in various ways. Stingray devices are highly secret tools that effectively simulate cell towers to your phone; once your … Continue reading “Use of Stingray devices without a warrant declared unconstitutional”<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":134826,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_seopress_titles_title":"","_seopress_titles_desc":"","_seopress_robots_index":"","_seopress_robots_follow":"","_seopress_robots_imageindex":"","_seopress_robots_snippet":"","_seopress_robots_primary_cat":"","_seopress_robots_breadcrumbs":"","_seopress_robots_freeze_modified_date":"","_seopress_robots_custom_modified_date":"","_seopress_robots_canonical":"","_seopress_social_fb_title":"","_seopress_social_fb_desc":"","_seopress_social_fb_img":"","_seopress_social_fb_img_attachment_id":0,"_seopress_social_fb_img_width":0,"_seopress_social_fb_img_height":0,"_seopress_social_twitter_title":"","_seopress_social_twitter_desc":"","_seopress_social_twitter_img":"","_seopress_social_twitter_img_attachment_id":0,"_seopress_social_twitter_img_width":0,"_seopress_social_twitter_img_height":0,"_seopress_redirections_value":"","_seopress_redirections_enabled":"","_seopress_redirections_enabled_regex":"","_seopress_redirections_logged_status":"","_seopress_redirections_param":"","_seopress_redirections_type":0,"_seopress_analysis_target_kw":"","_jetpack_memberships_contains_paid_content":false,"footnotes":"","jetpack_publicize_message":"","jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":true,"jetpack_social_options":{"image_generator_settings":{"template":"highway","default_image_id":0,"font":"","enabled":false},"version":2}},"categories":[106,20,132],"tags":[1206,1224],"class_list":["post-134824","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-plusposts","category-hi-tech","category-privacy","tag-privacy","tag-surveillance"],"jetpack_publicize_connections":[],"jetpack_featured_media_url":"https:\/\/hill-kleerup.org\/blog\/wp\/wp-content\/uploads\/2017\/09\/cell-tower.jpg","jetpack_sharing_enabled":true,"jetpack-related-posts":[{"id":128497,"url":"https:\/\/hill-kleerup.org\/blog\/2015\/11\/04\/if-the-police-need-warrants-to-eavesdrop-then-the-terrorists-win.html","url_meta":{"origin":134824,"position":0},"title":"If the police need warrants to eavesdrop, THEN THE TERRORISTS WIN!","author":"***Dave","date":"Wed 4-Nov-15 12:03am","format":false,"excerpt":"Local cops will often not even acknowledge using Stingray devices (which basically act as fake cell towers to intercept calls), at the insistence of both the feds they borrow from and the manufactures of the devices themselves. What a radical thought to actually require a warrent (eek!) before engaging in\u2026","rel":"","context":"In "~PlusPosts"","block_context":{"text":"~PlusPosts","link":"https:\/\/hill-kleerup.org\/blog\/category\/blogging\/plusposts"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":43161,"url":"https:\/\/hill-kleerup.org\/blog\/2014\/06\/20\/to-protect-serve-and-lie-to.html","url_meta":{"origin":134824,"position":1},"title":"To Protect, Serve, and Lie To","author":"***Dave","date":"Fri 20-Jun-14 1:06pm","format":false,"excerpt":"Yeah, yeah, I'm sure there are all sorts of pragmatic reasons one can think of why the use of Stingray cell phone location devices might have been kept secret for some period of time.But the secret's out. People -- including (gasp) criminals know they exist.So why are local law enforcement\u2026","rel":"","context":"In "~PlusPosts"","block_context":{"text":"~PlusPosts","link":"https:\/\/hill-kleerup.org\/blog\/category\/blogging\/plusposts"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":49175,"url":"https:\/\/hill-kleerup.org\/blog\/2015\/01\/06\/privacy-you-don-need-no-steenking-privacy.html","url_meta":{"origin":134824,"position":2},"title":"Privacy? You don' need no steenking privacy!","author":"***Dave","date":"Tue 6-Jan-15 8:53pm","format":false,"excerpt":"So if you are in a public place, the Justice Department believes that you have no expectation of privacy for cell phone usage, and thus no search warrants are needed for \"Stingray\" devices that gobble up all the calls in the area by faking being a cell phone tower.Now I've\u2026","rel":"","context":"In "~PlusPosts"","block_context":{"text":"~PlusPosts","link":"https:\/\/hill-kleerup.org\/blog\/category\/blogging\/plusposts"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":42370,"url":"https:\/\/hill-kleerup.org\/blog\/2014\/06\/05\/i-fought-the-law-and-another-level-of-law-won.html","url_meta":{"origin":134824,"position":3},"title":"I fought the law, and another level of law won","author":"***Dave","date":"Thu 5-Jun-14 2:51pm","format":false,"excerpt":"The more state and local law enforcement become entangled with federal law enforcement (or the other way around), the more they can provide cover for each other, and the \u00a0more they become a de facto federal law agency insofar as (lack of) accountability goes. That doesn't strike me as a\u2026","rel":"","context":"In "~PlusPosts"","block_context":{"text":"~PlusPosts","link":"https:\/\/hill-kleerup.org\/blog\/category\/blogging\/plusposts"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":32511,"url":"https:\/\/hill-kleerup.org\/blog\/2013\/02\/12\/another-day-another-dubious-privacy-invasion-from-law-enforcement.html","url_meta":{"origin":134824,"position":4},"title":"Another day, another dubious privacy invasion from law enforcement","author":"***Dave","date":"Tue 12-Feb-13 2:34pm","format":false,"excerpt":"I'm beginning to think they just keep throwing these out there, hoping that eventually people will get tired of being outraged over it. Embedded Link As Secretive \"Stingray\" Surveillance Tool Becomes More Pervasive, Questions Over Its Illegality Increase Two heavily redacted sets of files released last month show internal Justice\u2026","rel":"","context":"In "~PlusPosts"","block_context":{"text":"~PlusPosts","link":"https:\/\/hill-kleerup.org\/blog\/category\/blogging\/plusposts"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":48878,"url":"https:\/\/hill-kleerup.org\/blog\/2014\/12\/11\/the-drivers-id-app.html","url_meta":{"origin":134824,"position":5},"title":"The Driver's ID app","author":"***Dave","date":"Thu 11-Dec-14 4:34pm","format":false,"excerpt":"Um ... no. I don't want to depend on my phone for my ID, nor do I want to hand it to a cop. Just not seeing an upside here.(No, I don't use my phone for my boarding pass, either -- it's one more object to juggle going through security\u2026","rel":"","context":"In "~PlusPosts"","block_context":{"text":"~PlusPosts","link":"https:\/\/hill-kleerup.org\/blog\/category\/blogging\/plusposts"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]}],"_links":{"self":[{"href":"https:\/\/hill-kleerup.org\/blog\/wp-json\/wp\/v2\/posts\/134824","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/hill-kleerup.org\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/hill-kleerup.org\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/hill-kleerup.org\/blog\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/hill-kleerup.org\/blog\/wp-json\/wp\/v2\/comments?post=134824"}],"version-history":[{"count":2,"href":"https:\/\/hill-kleerup.org\/blog\/wp-json\/wp\/v2\/posts\/134824\/revisions"}],"predecessor-version":[{"id":134828,"href":"https:\/\/hill-kleerup.org\/blog\/wp-json\/wp\/v2\/posts\/134824\/revisions\/134828"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/hill-kleerup.org\/blog\/wp-json\/wp\/v2\/media\/134826"}],"wp:attachment":[{"href":"https:\/\/hill-kleerup.org\/blog\/wp-json\/wp\/v2\/media?parent=134824"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/hill-kleerup.org\/blog\/wp-json\/wp\/v2\/categories?post=134824"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/hill-kleerup.org\/blog\/wp-json\/wp\/v2\/tags?post=134824"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}