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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsFBI says search warrants not needed to use “stingrays” in public places
The Federal Bureau of Investigation is taking the position that court warrants are not required when deploying cell-site simulators in public places. Nicknamed "stingrays," the devices are decoy cell towers that capture locations and identities of mobile phone users and can intercept calls and texts.
The FBI made its position known during private briefings with staff members of Senate Judiciary Committee Chairman Patrick Leahy (D-Vt.) and Sen. Chuck Grassley (R-Iowa). In response, the two lawmakers wrote Attorney General Eric Holder and Homeland Security chief Jeh Johnson, maintaining they were "concerned about whether the FBI and other law enforcement agencies have adequately considered the privacy interests" of Americans.
According to the letter, which was released last week:
For example, we understand that the FBIs new policy requires FBI agents to obtain a search warrant whenever a cell-site simulator is used as part of a FBI investigation or operation, unless one of several exceptions apply, including (among others): (1) cases that pose an imminent danger to public safety, (2) cases that involve a fugitive, or (3) cases in which the technology is used in public places or other locations at which the FBI deems there is no reasonable expectation of privacy.
http://arstechnica.com/tech-policy/2015/01/fbi-says-search-warrants-not-needed-to-use-stringrays-in-public-places/
Use your phone in public your fair game for the american Ministry for State Security
newfie11
(8,159 posts)msanthrope
(37,549 posts)to record content where there was a reasonable expectation of privacy but otherwise, cell data is an extension of the pen register.
I'm not saying I agree. I'm opining, however, that this isn't too far off current law.
mahatmakanejeeves
(57,499 posts)Matt Cohen in Arts & Entertainment on Jan 5, 2015 4:11 pm
Because we pretty much live in an Orwellian society anyway, the D.C. Public Library is hosting a ten-day series of events exploring how Big Brother is constantly watching us and everything we do all the time. Yes, you. Right now. No, you can't do anything about.
The series of events, entitled Orwellian America? Government Transparency and Personal Privacy in the Digital Age, will feature events, lectures, and screenings in venues across the city. To kick things off, the DCPL will live-stream an 11-hour marathon reading of George Orwell's classic dystopian novel 1984 in the Martin Luther King Jr. Memorial Library's Great Hall.
According to a release, "special guest readers and members of the public will be on had to read aloud the entire text of the book," which will be live-streamed on YouTube. Anyone can sign up for a reading slot, which will start at 10 a.m. and wrap up by 9 p.m., by applying here.
Other events for DCPL's Orwellian America? series includes a lecture entitled "Government Transparency vs. National Security" at the Newseum on January 31, a screening of The Internet's Own Boy at Black Cat on January 18, and a session on accessing government information online. You can see the full lineup of events here.
Big Brother is watching you.
In January 2015, the DC Public Library, with funds granted by the Institute of Museum and Library Services, will present a 10-day series of events titled Orwellian America? Government Transparency and Personal Privacy in the Digital Age.
The program will launch Jan. 21, with a live-streamed marathon reading of George Orwell's classic dystopian novel 1984. (Sign up for a 10-minute reader slot by filling out our online form.)
Other events will include workshops on protecting individual's online privacy, film screenings, and a live-streamed program, "Privacy vs. Security: A Conversation," at the Newseum.
A monthlong celebration
Neighborhood libraries across the city will be hosting programs led by community partners, book discussions, and film screenings as a part of this series of events. Click here for a full list of all Orwellian America events.
Lurks Often
(5,455 posts)could reverse the FBI's views on not needing a search warrant for #3 at the very least.
Fred Sanders
(23,946 posts)judicial authorization or, yes, another part of the pavement in the road to fascism.
MohRokTah
(15,429 posts)Since they use wireless signals that anybody can capture, aren't they considered open game under the 4th amendment?
LeftyMom
(49,212 posts)At that time carriers transitioned away from analog phones. Digital phone signals are encrypted so they can't really be stolen that way (or cloned, which was the big problem in the 90s.)
Lord knows law and technical savvy never overlap in this country though.
L0oniX
(31,493 posts)jeff47
(26,549 posts)But it's been a really, really, really, really long time since the subject came up, so I could easily be misremembering.
msanthrope
(37,549 posts)warrant because you have a reasonable expectation of privacy as to your conversation. Smith v. Maryland, however, would allow a pen register because of the business record created.
JimDandy
(7,318 posts)intercepting the calls before a business record for that call can be created with the phone company? Not sure how the process works.
Hutzpa
(11,461 posts)Last edited Tue Jan 6, 2015, 04:33 PM - Edit history (1)
you will think that something of this magnitudde will be used only on Judge approved warrants.
Edit
Just came across this information about how the makers of stingray device misled FCC.
This needs to get out there also ACLU is on top of this and should continue aapplying pressure.
https://www.aclu.org/blog/national-security-technology-and-liberty/documents-suggest-maker-controversial-surveillance
Here is how a stingray works;
I might also add that the fear is criminals, corporate spies and foreign intelligent agencies could be in posession of said
device which is why ACLU wants the device banned.
But one of the ways to prevent this device from capturing your cell towers is to ensure your mobile signal is
on 3G or 4G network. An IMSI Catcher works by blocking the smarter 3G or 4G signals forcing the phones in the area
to switch to unsecured 2G network.
JimDandy
(7,318 posts)couldn't apply, because the call is being intercepted by the stingray device before it gets to the service carrier right? This interception seems to disrupt the business relationship courts cited as their reason to not allow pen register data to be private.
truebrit71
(20,805 posts).... right??
bobthedrummer
(26,083 posts)SomethingFishy
(4,876 posts)to tell whether your cell phone is in a public or private place?
If I'm standing outside my front door it's legal for them to spy on me but not if I'm standing inside? And they know the difference how?
Hutzpa
(11,461 posts)nt
SomethingFishy
(4,876 posts)Do you think I'm naive about how cell phones work or naive about how I'm being spied on 24/7. It's hard to tell on DU, there are many here who believe the NSA/FBI/CIA have every right to fucking follow my every move.
This is no surprise to me, I have been taking shit on DU for a long time now whenever I bring up the fact that you have no more privacy.
And next time you have something to say, have the guts to say it not to try the old veiled insult. You want to have a civil debate on this with me fine, you want to talk shit? Take a fucking hike.
Hutzpa
(11,461 posts)Specifically this line threw me off slightly
jeff47
(26,549 posts)Set up the unit so it can only collect signals from a shopping mall, for example.