In Court: Uncovering Stingrays, a Troubling New Location Tracking Devi…
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작성자 Wiley 작성일25-09-16 03:00 조회4회 댓글0건관련링크
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The ACLU and iTagPro device Electronic Frontier Foundation have filed an amicus transient in what might be the first case in the nation to address the constitutional implications of a so-referred to as "stingray," just a little known system that can be used to trace a suspect’s location and interact in different sorts of surveillance. We argue that if the federal government needs to use invasive surveillance expertise like this, it should clarify the know-how to the courts so they can carry out their judicial oversight function as required by the Constitution. The case is very vital for 2 reasons. First, it shows that the government is using new forms of know-how-not simply GPS and cell site location data-to track location. Second, it reveals that the federal government is going to great lengths to maintain its surveillance practices secret. The federal government is hiding details about new surveillance expertise not only from the general public, but even from the courts. By maintaining courts at midnight about new technologies, the government is basically seeking to write down its own search warrants.
That’s not how the Constitution works. We filed an amicus temporary in the case of Daniel Rigmaiden, who is being criminally prosecuted in federal court in Arizona for allegedly filing fraudulent tax returns. Last fall, the Wall Street Journal reported on the government’s use of the stingray system in Rigmaiden’s case. Stingray is the title of a specific product offered by the Harris Corporation. The more generic time period for the machine is "IMSI catcher," in reference to the unique identifier, or International Mobile Subscriber Identity, of wireless gadgets. Several elements about stingrays are vital to understand from a privacy perspective. First, they gather information in regards to the units and whereabouts of third parties, not just the targets of an investigation. As famous above, IMSI catchers mimic a wireless carrier’s community equipment; in doing so, they send and obtain indicators to and from all cell units in the neighborhood on the same network. Second, the devices can pinpoint a target with extraordinary precision.
Some have an accuracy of two meters. Because of this people could be tracked even when they are inside their houses. Third, although the federal government says the device utilized in Rigmaiden’s case was not capable of capturing the content of communications, many IMSI catchers provided for sale by surveillance vendors supply this feature. IMSI catchers can thus be used for eavesdropping, not just location monitoring. The government in Rigmaiden’s case acknowledges that using the stingray was a "search" throughout the that means of the Fourth Amendment. Thus far so good. But then it claims that it got a "warrant" to authorize the search. The issue, nonetheless, is that the papers the government submitted to get the so-called "warrant" never advised the decide that the federal government wanted to use a stingray (or IMSI catcher, or cell site emulator), what the gadget is, or how it works. In different words, the federal government hid from the judge the details that stingrays acquire details about third parties, that they can pinpoint targets even within their houses, and that some models capture content, not just location. It was important for the judge to have all of this information in an effort to make a significant, informed determination about whether or not the search the federal government sought to undertake was constitutional, and in that case, whether the courtroom should have imposed limitations on the scope of the search. Because stingrays are indiscriminate, extremely intrusive gadgets that acquire data from all close by third parties on the identical cellular community, and not just the target of an investigation, there is a serious query whether they'll ever be used in step with the Fourth Amendment. But at a minimum, the Fourth Amendment implies that the government can’t conceal new surveillance technologies from the courts. Some judges are pushing again against this apply and denying broad surveillance requests when the federal government fails to clarify the expertise. Judges aren't rubber stamps-they're constitutional safeguards of our privateness.
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