Stingray update

Police use the device to track the location of suspects. The device mimics a cellphone tower, meaning that data from other cellphones in the area are collected along with the suspect’s. When the suspect’s location is learned, the device can be used to make the phone ring. The radius could be up to a mile.

Cell site simulators, also known as “Stingrays,” are devices that mimic cellphone towers and can scan cellphones for call logs and text messages. Originally developed by the military to track targets, critics led by the American Civil Liberties Union say the equipment allows police to illegally monitor civilians because it provides access to data from phones within a wide vicinity, not just a particular suspect.

The Justice Department and local law enforcement agencies insist that the only reason for their secrecy is to prevent suspects from learning how the devices work and devising methods to thwart them.

But a court filing recently uncovered by the ACLU suggests another reason for the secrecy: the fact that stingrays can disrupt cellular service for any phone in their vicinity—not just targeted phones—as well as any other mobile devices that use the same cellular network for connectivity as the targeted phone.

Civil liberties groups have long asserted that stingrays are too invasive because they can sweep up data about every phone in their vicinity, not just targeted phones, and can interfere with their calls. Justice Department and local law enforcement agencies, however, have refused to confirm this or answer other questions about the tools.

“Because of the way, the Mobile Equipment sometimes operates,” Scimeca wrote in his application, “its use has the potential to intermittently disrupt cellular service to a small fraction of Sprint’s wireless customers within its immediate vicinity. Any potential service disruption will be brief and minimized by reasonably limiting the scope and duration of the use of the Mobile Equipment.”

“We think the fact that stingrays block or drop calls of cell phone users in the vicinity should be of concern to cell service providers, the FCC, and ordinary people,” says Nate Wessler staff attorney with the ACLU’s Speech, Privacy, and Technology Project. “If an emergency or important/urgent call (to a doctor, a loved one, etc.) is blocked or dropped by this technology, that’s a serious problem.”

Stingrays are mobile surveillance systems the size of a small briefcase that impersonate a legitimate cell phone tower in order to trick mobile phones and other mobile devices in their vicinity into connecting to them and revealing their unique ID and location. Stingrays emit a signal that is stronger than the signal of other cell towers in the vicinity in order to force mobile phones and other devices to establish a connection with them and reveal their unique ID. Stingrays can then determine the direction from which the phone connected with them, data that can then be used to track the movement of the phone as it continuously connects to the fake tower.

Although stingrays are designed to recognize 911 calls and let them pass to legitimate cell towers without connecting to the stingray, the revelation from the FBI agent raises the possibility that other kinds of emergency calls not made to 911 may not get through.

Law enforcement agencies around the country have been using variations of the stingray since the mid-90s to track the movement of suspects in this way. The technology is used by the FBI, the Secret Service, the U.S. Marshals Service, Customs and Border Patrol agents and the Drug Enforcement Agency as well as local law enforcement agencies in more than a dozen states.

But the secrecy around their use has been extreme, due in part to non-disclosure agreements that law enforcement agencies sign with the companies that make stingrays.

Stingrays Cloaked in Secrecy
Authorities in several states have been caught deceiving judges and defense attorneys about how they use the controversial technology or have simply used the devices without obtaining a warrant in order to avoid disclosing their use to a court. In other cases they have withheld information from courts and defense attorneys about how the stingrays work, refraining from disclosing that the devices pick up location data on all systems in their vicinity, not just targeted phones. Law enforcement agencies have even gone so far as to intervene in public records requests to prevent the public from learning about the technology.

The revelation in the court document is therefore significant and also begs the question: Who else knew about this capability and for how long? The Federal Communications Commission is responsible for certifying equipment that operates on radio frequencies to make sure that devices comply with certain technical standards and do not cause radio interference. If the companies that make stingrays failed to disclose the disruption of service to the federal agency, it would mean the devices had potentially been approved under false pretenses.

“If an emergency or important/urgent call (to a doctor, a loved one, etc.) is blocked or dropped by this technology, that’s a serious problem.”
The Harris Corporation in Florida—the leading maker of stingrays for law enforcement in the U.S. and an aggressive proponent of secrecy around their use—has already been singled out for a questionable statement the company made to the FCC in a 2010 email. In the correspondence, a Harris representative told the FCC that the technology was used by law enforcement only “in emergency situations.” But according to records the ACLU obtained from the police department in Tallahassee, Florida, in nearly 200 cases that the equipment was used since 2007 only 29 percent of these involved an emergency. Stingrays are regularly used in day-to-day criminal investigations to track suspected drug dealers, bank robbers and others.

The FCC certified stingray equipment from Harris in April 2011 and March 2012.

Asked whether the company disclosed the stingray’s disruptive capabilities to the FCC when it sought certification, an FCC official told WIRED, “We can’t comment on how the devices operate because that information is confidential in accordance with the FCC’s application process.” She said Harris had specifically “requested confidentiality in the application process.”

She also said that if “wireless customers experiencing unexplained service disruptions or interference” report it to the FCC, the agency will “investigate the causes.”

How Stingray Disruption Works
The case in which the FBI disclosed the service disruption is ongoing and involves a defendant named Claude Williams who was suspected of participating in a string of armed bank robberies. In July 2012, the FBI’s Scimeca submitted an application for a warrant to use a stingray to track Williams’s phone.

Although Scimeca was seeking authorization to use a stingray, he referred to it alternatively as mobile pen register and trap and trace equipment in his application. The nomenclature is important because the ACLU has long accused the government of misleading judges by using this term. Pen registers record the numbers dialed from a specific phone number, while trap and trace devices record the numbers that dial into a particular number. But stingrays are used primarily to track the location and movement of a device.

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