NY Cops signed gag order with FBI over invasive Stingray spying used 46 times without warrant

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http://eepurl.com/Mci4f The New York Civil Liberties Union has released documents from the Erie County Sheriff’s Office that show widespread use of stingray technology without a warrant

By Alex Thomas

(INTELLIHUB) — After months of legal wrangling, the New York Civil Liberties Union has obtained documents on police use of invasive stingray technology that can determine where a citizen is through their cell phone.

These records show that, despite police assurances, the technology was used at least 46 times without a warrant or court order. They also appear to show a detailed secrecy agreement between police and the FBI which restricts the Erie County Sheriff’s Office from revealing any details of their use of stingrays without the express consent of the FBI.

The confidentiality agreement even goes as far as instructing police that they may dismiss criminal prosecutions if those prosecutions risk revealing how the technology is being used.

“These records confirm some of the very worst fears about local law enforcement’s use of this expensive and intrusive surveillance equipment,” said NYCLU Staff Attorney Mariko Hirose in a statement. “Not only did the Sheriff’s Office promise the FBI breathtaking secrecy to keep information about stingrays as hidden as possible, it implemented almost no privacy protections for the Erie County residents it is sworn to protect and serve.”

The records coincide with those released in multiple other states that show authorities have gone to great lengths to keep the details secret.

Wired’s Kim Zetter reports:

The revelations continue a trend in several states across the U.S. wherein law enforcement agencies have gone to great lengths to prevent the public from learning about their use of stingrays.

The surveillance tool simulates a legitimate cell phone tower to trick mobile phones and other devices on a cellular network into connecting to the devices and revealing their 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— a data point that can then be used to track the movement of the phone as it continuously connects to the fake tower.

The documents ordered released by the court include purchase orders, a letter from the manufacturer, and the confidentiality agreement.

Overall they show: (from the NYCLU Press Release)

• The Sheriff’s Office used stingrays at least 47 times between May 1, 2010 and October 3, 2014, including assisting other law enforcement departments like the Monroe County Sheriff’s Office.
• The office apparently obtained a court order prior to using the device only once in those 47 circumstances, contradicting the sheriff’s statements to a local reporter and the legislature that this device is being used subject to “judicial review.” In the one case a court order was obtained, in October 2014, the sheriff did not obtain a warrant but a lower level court order called a “pen register” order.
• Its confidentiality agreement with the FBI requires the Sheriff’s Office to maintain almost total secrecy over stingray records, including in court filings and when responding to court orders, unless the Sheriff’s Office receives the written consent of the FBI.
• Its confidentiality agreement with the FBI also instructs the Sheriff’s Office that the FBI may request it to dismiss criminal prosecutions rather than risk compromising the secrecy of how stingrays are used.

“Stingrays are an advanced surveillance technology that can sweep up very private information, including information on innocent people,” NYCLU Western Region Director John Curr III said in a statement.

Additional Sources:
http://www.nyclu.org/stingrays
http://www.nyclu.org/files/20140617-FOILRequestto-NYSPolice.pdf
http://www.nyclu.org/files/20141002-NYSPolice-ResponsetoFOIL.pdf
http://www.nyclu.org/files/20150109-Appeal-Responsefrom-NYSPolice.pdf
2014-06-16 FOIL Request
2014-07-06 FOIL Response

About the Author:

Alex Thomas is a reporter who has worked in the alternative media for over three years. His work has been featured on numerous news outlets including Infowars and RT.

Alex is an exclusive weapon of Intelllihub.com.

Feel free to post this article in part or in full, leaving the byline and all original links intact.

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