DOJ's new Stingray rules: feds need a warrant to track phones
Source: Engadget
Over the last few years, we've learned that US law enforcement agencies not only regularly use "Stingray" devices to locate suspects by their cellphones, but go to great lengths to hide this activity. After extensive reporting on the subject, the Department of Justice has established an "Enhanced Policy for Cell-Site Simulators" (PDF) detailing when they can be used by federal agencies, and how. A big part of that is the requirement that agents obtain a warrant first, except in certain cases that can include ongoing hacking attempts and people in danger of death or bodily harm. Also, they can't be used to collect communications like emails or texts at all.
One of the many issues privacy advocates have with the devices is how they work, by forcing connections with any cellphone in range and scooping up data. The new regulations set privacy practices requiring all data to be deleted once a subject's phone is found, and at least once a day, or at least every 30 days when used to track an unknown device. The rules also apply when the feds are helping out state or local law enforcement (but not when those agencies use the tech by themselves), and require more tracking and reporting. It's not everything that those who've warned us about the tech are looking for, but it is a first step in cutting down and keeping track of the use of surveillance tech that scoops up info so indiscriminately.
Read more: http://www.engadget.com/2015/09/03/dojs-new-stingray-rules-feds-need-a-warrant-to-track-phones/
Psephos
(8,032 posts)"The rules also apply when the feds are helping out state or local law enforcement (but not when those agencies use the tech by themselves)...".
Don't make me laugh. This is such utter bullshit.
Feds will "outsource" to locals the same way NSA outsourced to Britain's GCHQ to skirt the law. Nothing will change except Feds will have a fig leaf for their criminality...and will feign indignance over any suggestion that it's back to business as usual.
Feds can't help the locals, but the locals sure as hell can help the feds. So I guess the locals will be able to buy these things at government surplus prices. And they'll be so very appreciative as a result.
Android3.14
(5,402 posts)Not only is this loophole stupid huge, but all bets are off if you live within 100 miles of the border, like 70 percent of us do.