In Privacy Win, Federal Judge Rejects 'Stingray' Evidence for First Time
"Absent a search warrant, the government may not turn a citizen's cell phone into a tracking device"
For the first time, a federal judge has thrown out evidence obtained by police without a warrant using the controversial "Stingray" device that mimics cell phone towers to trick nearby devices into connecting with them, revealing private information.
U.S. District Judge William Pauley said the defendant's rights were violated when the U.S. Drug Enforcement Administration (DEA) used a Stingray to figure out his home address during a drug investigation.
Pauley rejected the evidence, writing, "The use of a cell-site simulator constitutes a Fourth Amendment search.... Absent a search warrant, the government may not turn a citizen's cell phone into a tracking device."
"This opinion strongly reinforces the strength of our constitutional privacy rights in the digital age."
--Nathan Freed Wessler, ACLU
The ACLU said it was the first time such a ruling has been issued and was a significant victory for privacy rights. The civil liberties group has long criticized the rampant secrecy surrounding Stingray use by law enforcement, estimating that at least 66 agencies in 24 states and the District of Columbia have the devices, but warning that the tally "dramatically underrepresents" actual use of Stingrays nationwide.
"After decades of secret and warrantless use of Stingray technology by federal law enforcement to track phones, a federal court has finally held the authorities to account," said Nathan Freed Wessler, staff attorney with the ACLU's Speech, Privacy, and Technology Project. "The feds are now firmly on notice that when they hide their intent to use invasive surveillance technology from courts and fail to get a warrant, their evidence will be suppressed. This opinion strongly reinforces the strength of our constitutional privacy rights in the digital age."
In March, a Maryland appeals court became the first appellate court to throw out Stingray evidence.
"We conclude that people have a reasonable expectation that their cell phones will not be used as real-time tracking devices by law enforcement, and--recognizing that the Fourth Amendment protects people and not simply areas--that people have an objectively reasonable expectation and privacy in real-time cell phone location information," the panel wrote at the time.
We are at a crossroads
This country and this world are at a monumental crossroads. In a few short weeks, US voters will have an opportunity to beat back the forces of fascism and confront the billionaires who are rigging the economy, our media system, and our democracy, making it increasingly impossible for ordinary people to get by. We’re not just talking about the election. We’re talking about what must be done once these fascist elements are vanquished from power. We need a bolder set of solutions than what either major party has so far been willing to offer and a working-class movement ready to fight like hell for it. Trump didn't emerge from nowhere. The conditions that fueled MAGA authoritarianism were created by decades of radical neoliberal economic policies and a corrupt political system dominated by corporate interests. They slashed taxes on the super-rich, promising that the benefits would trickle down. They said giveaways to the corporate titans would make life more affordable for the rest of us. It was all bullshit. And when a bitter, betrayed populace searches for someone to blame, right-wing demagogues have little trouble finding scapegoats. People know when they're being lied to, but you won't hear any of this from the corporate media. Only independent journalism—powered and funded by people who believe in building a better world—can deliver truly trustworthy daily news. Our Fall Campaign is underway, and we need your help. To power our newsroom through the rest of the year, we need to raise $125,000 by midnight on October 31. So if you share our vision, please contribute whatever you can to sustain our work. |
For the first time, a federal judge has thrown out evidence obtained by police without a warrant using the controversial "Stingray" device that mimics cell phone towers to trick nearby devices into connecting with them, revealing private information.
U.S. District Judge William Pauley said the defendant's rights were violated when the U.S. Drug Enforcement Administration (DEA) used a Stingray to figure out his home address during a drug investigation.
Pauley rejected the evidence, writing, "The use of a cell-site simulator constitutes a Fourth Amendment search.... Absent a search warrant, the government may not turn a citizen's cell phone into a tracking device."
"This opinion strongly reinforces the strength of our constitutional privacy rights in the digital age."
--Nathan Freed Wessler, ACLU
The ACLU said it was the first time such a ruling has been issued and was a significant victory for privacy rights. The civil liberties group has long criticized the rampant secrecy surrounding Stingray use by law enforcement, estimating that at least 66 agencies in 24 states and the District of Columbia have the devices, but warning that the tally "dramatically underrepresents" actual use of Stingrays nationwide.
"After decades of secret and warrantless use of Stingray technology by federal law enforcement to track phones, a federal court has finally held the authorities to account," said Nathan Freed Wessler, staff attorney with the ACLU's Speech, Privacy, and Technology Project. "The feds are now firmly on notice that when they hide their intent to use invasive surveillance technology from courts and fail to get a warrant, their evidence will be suppressed. This opinion strongly reinforces the strength of our constitutional privacy rights in the digital age."
In March, a Maryland appeals court became the first appellate court to throw out Stingray evidence.
"We conclude that people have a reasonable expectation that their cell phones will not be used as real-time tracking devices by law enforcement, and--recognizing that the Fourth Amendment protects people and not simply areas--that people have an objectively reasonable expectation and privacy in real-time cell phone location information," the panel wrote at the time.
For the first time, a federal judge has thrown out evidence obtained by police without a warrant using the controversial "Stingray" device that mimics cell phone towers to trick nearby devices into connecting with them, revealing private information.
U.S. District Judge William Pauley said the defendant's rights were violated when the U.S. Drug Enforcement Administration (DEA) used a Stingray to figure out his home address during a drug investigation.
Pauley rejected the evidence, writing, "The use of a cell-site simulator constitutes a Fourth Amendment search.... Absent a search warrant, the government may not turn a citizen's cell phone into a tracking device."
"This opinion strongly reinforces the strength of our constitutional privacy rights in the digital age."
--Nathan Freed Wessler, ACLU
The ACLU said it was the first time such a ruling has been issued and was a significant victory for privacy rights. The civil liberties group has long criticized the rampant secrecy surrounding Stingray use by law enforcement, estimating that at least 66 agencies in 24 states and the District of Columbia have the devices, but warning that the tally "dramatically underrepresents" actual use of Stingrays nationwide.
"After decades of secret and warrantless use of Stingray technology by federal law enforcement to track phones, a federal court has finally held the authorities to account," said Nathan Freed Wessler, staff attorney with the ACLU's Speech, Privacy, and Technology Project. "The feds are now firmly on notice that when they hide their intent to use invasive surveillance technology from courts and fail to get a warrant, their evidence will be suppressed. This opinion strongly reinforces the strength of our constitutional privacy rights in the digital age."
In March, a Maryland appeals court became the first appellate court to throw out Stingray evidence.
"We conclude that people have a reasonable expectation that their cell phones will not be used as real-time tracking devices by law enforcement, and--recognizing that the Fourth Amendment protects people and not simply areas--that people have an objectively reasonable expectation and privacy in real-time cell phone location information," the panel wrote at the time.