Can you hear me now? Feds admit FBI warrantless cellphone tracking ‘very common’
The use of the “Stingray,” as the tool is called, “is a very common practice” by federal investigators, Justice Department attorneys told the U.S. District Court for Arizona Thursday, according to the American Civil Liberties Union.
Installed in an unmarked van, Stingray mimics a cellphone tower, so it can pinpoint the precise location of any mobile device in range and intercept conversations and data, said Linda Lye, staff attorney at the ACLU of Northern California in a blog post about the case.
In a rare public discussion of federal electronic surveillance capabilities and authorities, Justice Department lawyers told the court hearing that, instead of a warrant, the FBI operates Stingray and other cellphone-mimicking technology under the authority of “pen register” orders. These court orders, also known as “tap and trace” orders, are generally issued to allow investigators to collect only so-called “metadata” — like all phone numbers calling to or called from a particular number.
But Stingray collects much more than just phone numbers and also “sweep up the data of innocent people who happen to be nearby,” according to the ACLU filing.
Given the broad nature of the information Stingray collects and its ability to eavesdrop on conversations, many federal judges insisted that they should be told when its use was envisaged under a tap and trace order, the ACLU filing says.
Tap and trace orders are generally more easily granted than a warrant, which requires “probable cause” under the Fourth Amendment.
But Justice Department emails that the group obtained under the federal Freedom of Information Act and filed with their brief show that government lawyers were concerned some FBI agents were not properly disclosing their use of Stingray.
Read more: Can you hear me now? Feds admit FBI warrantless cellphone tracking 'very common' - Washington Times
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The use of the “Stingray,” as the tool is called, “is a very common practice” by federal investigators, Justice Department attorneys told the U.S. District Court for Arizona Thursday, according to the American Civil Liberties Union.
Installed in an unmarked van, Stingray mimics a cellphone tower, so it can pinpoint the precise location of any mobile device in range and intercept conversations and data, said Linda Lye, staff attorney at the ACLU of Northern California in a blog post about the case.
In a rare public discussion of federal electronic surveillance capabilities and authorities, Justice Department lawyers told the court hearing that, instead of a warrant, the FBI operates Stingray and other cellphone-mimicking technology under the authority of “pen register” orders. These court orders, also known as “tap and trace” orders, are generally issued to allow investigators to collect only so-called “metadata” — like all phone numbers calling to or called from a particular number.
But Stingray collects much more than just phone numbers and also “sweep
Given the broad nature of the information Stingray collects and its ability to eavesdrop on conversations, many federal judges insisted that they should be told when its use was envisaged under a tap and trace order, the ACLU filing says.
Tap and trace orders are generally more easily granted than a warrant, which requires “probable cause” under the Fourth Amendment.
But Justice Department emails that the group obtained under the federal Freedom of Information Act and filed with their brief show that government lawyers were concerned some FBI agents were not properly disclosing their use of Stingray.
Read more: Can you hear me now? Feds admit FBI warrantless cellphone tracking 'very common' - Washington Times
Follow us: @washtimes on Twitter