Yesterday, the Department of Justice announced new policies that require federal law enforcement agents to acquire a warrant before using the infamous ‘stingrays.’:
“While the department has, in the past, obtained appropriate legal authorizations to use cell-site simulators, law enforcement agents must now obtain a search warrant supported by probable cause before using a cell-site simulator. There are limited exceptions in the policy for exigent circumstances or exceptional circumstances where the law does not require a search warrant and circumstances make obtaining a search warrant impracticable.”
Some may not know what a ‘stingray’ is, but it is the cellular equivalent to a rogue wireless access point. It allows police/government to listen to your cell phone calls, and intercept your text messages.
For the most part, this policy sounds pretty fantastic and a great step to better policies that have privacy in mind. Though, there still needs to be state and/or city level legislation that mirrors these policies. Currently, most local police departments have no requirement to obtain a warrant before using a stingray. States like Minnesota, however, have enacted legislation that requires local police departments to get warrants before using a stingray.
While the DoJ’s release sounds fantastic, there still is some loose wording that could allow abuse. Specifically: “There are limited exceptions in the policy for exigent circumstances or exceptional circumstances where the law does not require a search warrant and circumstances make obtaining a search warrant impracticable.” Only time will tell if this loose wording is taken advantage of. If history tells us anything, there will likely still be abuses, even with this restriction.
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