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Paul E Ester

(952 posts)
Fri Mar 29, 2013, 05:37 PM Mar 2013

Can you hear me now? Feds admit FBI warrantless cellphone tracking ‘very common’

Source: Washington Times.

FBI investigators for at least five years have routinely used a sophisticated cellphone tracking tool that can pinpoint callers’ locations and listen to their conversations — all without getting a warrant for it, a federal court was told this week.

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.


Read more: http://www.washingtontimes.com/news/2013/mar/29/feds-fbi-warrantless-cell-tracking-very-common/



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indepat

(20,899 posts)
1. Big brother must use all its sophisticated technology to track down any possible/suspected terraist
Fri Mar 29, 2013, 06:09 PM
Mar 2013

or garden-variety criminal, especially those pot-user-type louts, and if just one pot-user-type lout could be ferreted out, violation of constitutional rights of millions at a cost of billions would be such small prices to pay to achieve this modicum of peace of mind.

davsand

(13,421 posts)
2. I feel SO sorry for anybody stuck eavesdropping on me and my conversations!
Fri Mar 29, 2013, 06:13 PM
Mar 2013

"Are you picking (our daughter) from school or am I?" "I'm going to the store, do you need anything for your lunches?" "Oh, Hi, mom..."

I'm telling you, whoever gets stuck on that job is gonna have a cure for insomnia!



Laura

napoleon_in_rags

(3,991 posts)
3. Ah it all makes sense now.
Fri Mar 29, 2013, 07:00 PM
Mar 2013

I was wondering why my carrier map lists no coverage in my area yet I have it. Thanks FBI roving van!

 

Paul E Ester

(952 posts)
8. agreed
Fri Mar 29, 2013, 07:58 PM
Mar 2013
http://www.guardian.co.uk/world/2013/mar/28/aclu-stingray-surveillance-police-cellphones

ACLU challenges 'stingray surveillance' that allows police to track cellphones


A secretive technology which lets police locate and track people through their cellphones in alleged violation of the US constitution will be challenged in a potential landmark court case on Thursday.

The American Civil Liberties Union hopes to rein in the little known but widespread "stingray" surveillance devices which it claims violate the fourth amendment and the right to privacy.

The group will urge a federal court in Arizona to disregard evidence obtained by a stingray in what could be a test case for limiting the technology's use without a warrant.

The case revolves around Daniel Rigmaiden, a hacker accused of leading a gang of sophisticated identity thieves which allegedly stole millions of dollars by filing bogus tax returns.

"We hope that the court sends the clear message to the government that it cannot keep judges in the dark. Judges are not rubber stamps – they are constitutional safeguards of our privacy," Linda Lyle, the attorney leading the case, wrote in an ACLU blog post on Wednesday.

Trillo

(9,154 posts)
6. I wonder if any of these are Amendment 3 violations
Fri Mar 29, 2013, 07:45 PM
Mar 2013

First the assertion is an unmarked van, which can "move into" any neighborhood via roadways, is the asserted mechanism. Surely there is more than one van so equipped.

I'm just wondering where the line between quartering a soldier in a house without the owner's consent, the fact such quartering would make any such soldier a witness to all audible or open communications within that house (amendment was written before radio had been invented) during any times when such soldiers were present, versus having a mobile-police presence that can "hear" and presumably tape all of ones wireless communications 24/7, might be drawn.

According to Wikipedia, the 3rd Amendment was involved in a 1965 decision as granting a certain right of privacy in one's home.

Occulus

(20,599 posts)
7. Where's MineralMan to tell us how it's not an issue for him because he's boring?
Fri Mar 29, 2013, 07:54 PM
Mar 2013

I could have sworn he'd have posted by now to infer how full of ourselves the rest of us are for being concerned that our government might be listening in on us, because of course none of us have anything to say that could possibly be of any interest to our government.

cstanleytech

(26,248 posts)
9. Could someone please explain if they had a warrant or not please?
Fri Mar 29, 2013, 09:08 PM
Mar 2013

As I am confused as at the start it says they did it all without a warrant yet then later it says "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."
So, did they have the courts consent or not?

struggle4progress

(118,236 posts)
13. ACLU challenges 'stingray surveillance' that allows police to track cellphones
Sat Mar 30, 2013, 12:32 AM
Mar 2013

Rory Carroll in Los Angeles
guardian.co.uk, Thursday 28 March 2013 10.03 EDT

... The American Civil Liberties Union hopes to rein in the little known but widespread "stingray" surveillance devices which it claims violate the fourth amendment and the right to privacy.

The group will urge a federal court in Arizona to disregard evidence obtained by a stingray in what could be a test case for limiting the technology's use without a warrant.

The case revolves around Daniel Rigmaiden, a hacker accused of leading a gang of sophisticated identity thieves which allegedly stole millions of dollars by filing bogus tax returns.

"We hope that the court sends the clear message to the government that it cannot keep judges in the dark. Judges are not rubber stamps – they are constitutional safeguards of our privacy," Linda Lyle, the attorney leading the case, wrote in an ACLU blog post on Wednesday ...

http://www.guardian.co.uk/world/2013/mar/28/aclu-stingray-surveillance-police-cellphones
 

blkmusclmachine

(16,149 posts)
14. Looks like we're all terr'ists now. Enemies in our own land. Guilty until (never) proven innocent.
Sat Mar 30, 2013, 01:55 AM
Mar 2013
The Drones cometh ..
 

AnotherMcIntosh

(11,064 posts)
16. Only if you complain.
Sat Mar 30, 2013, 02:14 AM
Mar 2013

By the way, if the NSA, FBI, or any other 3-letter agency is evesdropping, I think that you're doing a great job.

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