In Court: Uncovering Stingrays A Troubling New Location Tracking Device

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The ACLU and Electronic Frontier Foundation have filed an amicus brief in what will likely be the first case in the nation to handle the constitutional implications of a so-known as "stingray," slightly recognized gadget that can be used to trace a suspect’s location and engage in other varieties of surveillance. We argue that if the government wants to make use of invasive surveillance technology like this, it must clarify the technology to the courts so they can perform their judicial oversight function as required by the Constitution. The case is highly important for two causes. First, it exhibits that the federal government is using new varieties of know-how-not simply GPS and cell site location information-to trace location. Second, it shows that the federal government goes to great lengths to maintain its surveillance practices secret. The government is hiding information about new surveillance expertise not only from the public, iTagPro support however even from the courts. By preserving courts in the dead of night about new technologies, the government is basically looking for to write down its own search warrants.



That’s not how the Constitution works. We filed an amicus brief in the case of Daniel Rigmaiden, iTagPro support who's being criminally prosecuted in federal courtroom in Arizona for allegedly filing fraudulent tax returns. Last fall, the Wall Street Journal reported on the government’s use of the stingray gadget in Rigmaiden’s case. Stingray is the title of a particular product sold by the Harris Corporation. The more generic term for the machine is "IMSI catcher," in reference to the distinctive identifier, or International Mobile Subscriber Identity, of wireless units. Several points about stingrays are vital to grasp from a privacy perspective. First, iTagPro support they collect data concerning the gadgets and whereabouts of third events, not just the targets of an investigation. As noted above, IMSI catchers mimic a wireless carrier’s community gear; in doing so, ItagPro they ship and ItagPro receive alerts to and from all cell devices within the vicinity on the identical community. Second, the gadgets can pinpoint a target with extraordinary precision.



Some have an accuracy of two meters. Because of this individuals might be tracked even when they are inside their homes. Third, although the federal government says the gadget utilized in Rigmaiden’s case was not capable of capturing the content material of communications, many IMSI catchers offered on the market by surveillance vendors offer this function. IMSI catchers can thus be used for eavesdropping, not simply location monitoring. The federal government in Rigmaiden’s case acknowledges that using the stingray was a "search" throughout the which means of the Fourth Amendment. To date so good. But then it claims that it acquired a "warrant" to authorize the search. The issue, nevertheless, is that the papers the government submitted to get the so-known as "warrant" never told the choose that the government wished to use a stingray (or IMSI catcher, or cell site emulator), what the gadget is, iTagPro support or how it really works.

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