By Linda Lye, Staff Attorney, ACLU of Northern California at 5:09pm
Today, a federal district judge in Arizona issued a very disappointing decision concerning the government’s obligations to be candid with courts about new technologies they are seeking a warrant to use.
The case involves Daniel Rigmaiden, who is being criminally prosecuted for an alleged electronic tax fraud scheme. The government used a surveillance device known as a stingray to locate Mr. Rigmaiden. A stingray operates by simulating a cell tower and tricking all wireless devices on the same network in the immediate vicinity to communicate with it, as though it were the carrier’s cell tower. In order to locate a suspect, a stingray scoops up information not only of the suspect, but all third parties on the same network in the area. This means that when the government uses a stingray to conduct a search, it is searching not only the suspect, but also tens or hundreds of third parties who have nothing to do with the matter. When the FBI sought court permission to use the device to locate Mr. Rigmaiden, it didn’t explain the full reach of stingrays to the court.
The ACLU and the Electronic Frontier Foundation filed an amicus brief arguing that when the government wants to use
By Linda Lye, Staff Attorney, ACLU of Northern California at 11:06am
(Update below)
A Justice Department document obtained by the ACLU of Northern California shows that federal investigators were routinely using a sophisticated cell phone tracking tool known as a "stingray," but hiding that fact from federal magistrate judges when asking for permission to do so.
By Linda Lye, Staff Attorney, ACLU of Northern California at 12:42pm
The ACLU and Electronic Frontier Foundation have filed an amicus brief in what will be the first case in the country to address the constitutional implications of a so-called “stingray,” a little known device that can be used to track a suspect’s location and engage in other types of surveillance. We argue that if the government wants to use invasive surveillance technology like this, it must explain the technology to the courts so they can perform their judicial oversight function as required by the Constitution.
