In response to my blog post
from last week about claims that the Oakland County Sheriff’s Department is spying on residents, the mystery man who
has been making the allegations contacted me. The man who goes by the pseudonym
Rogue O’Flaherty shared with me a message he sent to numerous Oakland County
elected officials.
from last week about claims that the Oakland County Sheriff’s Department is spying on residents, the mystery man who
has been making the allegations contacted me. The man who goes by the pseudonym
Rogue O’Flaherty shared with me a message he sent to numerous Oakland County
elected officials.
Here’s a portion of that
note:
note:
“Undersheriff Mike McCabe went on the record with Reporter Chad Selweski on
March 19th 2014: After
reading the substance, which was infused with red herrings and diversions he
did not have an answer to the following question: If it is illegal for local police to
eavesdrop/intercept mobile phone communications, then WHY on earth would the
Oakland County Sheriff purchase a device that can eavesdrop/intercept mobile
phone communications? There are many other Harris Corporation tools that
“only” triangulate mobile phones, if that’s all they’re really using the StingRay/HailStorm for.
“The government purchase
documents and experts of the Stingray Hailstorm indicate it can
eavesdrop/intercept mobile phone communications, take over a cell phone’s
texting, browser, camera, microphone or disable a citizens phone.
documents and experts of the Stingray Hailstorm indicate it can
eavesdrop/intercept mobile phone communications, take over a cell phone’s
texting, browser, camera, microphone or disable a citizens phone.
“… Until this Spy Equipment is
returned, it will be a major issue with the citizens of Oakland County. The we can’t talk about our secret spy
equipment excuse doesn’t cut it for those of us who are awake and paying
attention. Return it and apologize to the public for trying to sneakily
add this ultra-sensitive eavesdropping equipment .”
returned, it will be a major issue with the citizens of Oakland County. The we can’t talk about our secret spy
equipment excuse doesn’t cut it for those of us who are awake and paying
attention. Return it and apologize to the public for trying to sneakily
add this ultra-sensitive eavesdropping equipment .”
Meanwhile the Associated
Press published a story over the weekend that took a look at how difficult it
is for the public to get information about their local police department’s use
of the surveillance technology known as Stingray or Hailstorm.
Press published a story over the weekend that took a look at how difficult it
is for the public to get information about their local police department’s use
of the surveillance technology known as Stingray or Hailstorm.
Here’s the AP report:
Police keep quiet
about cell-tracking technology
about cell-tracking technology
By Jack Gillum, The Associated Press
WASHINGTON (AP) — Police
across the country may be intercepting phone calls or text messages to find
suspects using a technology tool known as Stingray. But they’re refusing to
turn over details about its use or heavily censoring files when they do.
across the country may be intercepting phone calls or text messages to find
suspects using a technology tool known as Stingray. But they’re refusing to
turn over details about its use or heavily censoring files when they do.
Police say Stingray, a
suitcase-size device that pretends it’s a cell tower, is useful for catching
criminals, but that’s about all they’ll say.
suitcase-size device that pretends it’s a cell tower, is useful for catching
criminals, but that’s about all they’ll say.
For example, they won’t
disclose details about contracts with the device’s manufacturer, Harris Corp.,
insisting they are protecting both police tactics and commercial secrets. The
secrecy — at times imposed by nondisclosure agreements signed by police — is
pitting obligations under private contracts against government transparency
laws.
disclose details about contracts with the device’s manufacturer, Harris Corp.,
insisting they are protecting both police tactics and commercial secrets. The
secrecy — at times imposed by nondisclosure agreements signed by police — is
pitting obligations under private contracts against government transparency
laws.
Even in states with
strong open records laws, including Florida and Arizona, little is known about
police use of Stingray and any rules governing it.
strong open records laws, including Florida and Arizona, little is known about
police use of Stingray and any rules governing it.
A Stingray device tricks
all cellphones in an area into electronically identifying themselves and
transmitting data to police rather than the nearest phone company’s tower.
Because documents about Stingrays are regularly censored, it’s not immediately
clear what information the devices could capture, such as the contents of phone
conversations and text messages, what they routinely do capture based on how
they’re configured or how often they might be used.
all cellphones in an area into electronically identifying themselves and
transmitting data to police rather than the nearest phone company’s tower.
Because documents about Stingrays are regularly censored, it’s not immediately
clear what information the devices could capture, such as the contents of phone
conversations and text messages, what they routinely do capture based on how
they’re configured or how often they might be used.
In one of the rare court
cases involving the device, the FBI acknowledged in 2011 that so-called cell
site simulator technology affects innocent users in the area where it’s
operated, not just a suspect police are seeking.
cases involving the device, the FBI acknowledged in 2011 that so-called cell
site simulator technology affects innocent users in the area where it’s
operated, not just a suspect police are seeking.
Earlier this month,
journalist Beau Hodai and the American Civil Liberties Union of Arizona sued
the Tucson Police Department, alleging in court documents that police didn’t
comply with the state’s public-records law because they did not fully disclose
Stingray-related records and allowed Harris Corp. to dictate what information
could be made public.
journalist Beau Hodai and the American Civil Liberties Union of Arizona sued
the Tucson Police Department, alleging in court documents that police didn’t
comply with the state’s public-records law because they did not fully disclose
Stingray-related records and allowed Harris Corp. to dictate what information
could be made public.
Revelations about surveillance
programs run by the federal National Security Agency have driven a sustained
debate since last summer on the balance between privacy and government
intrusion. Classified NSA documents, leaked to news organizations, showed the
NSA was collecting telephone records, emails and video chats of millions of
Americans who were not suspected of crimes.
programs run by the federal National Security Agency have driven a sustained
debate since last summer on the balance between privacy and government
intrusion. Classified NSA documents, leaked to news organizations, showed the
NSA was collecting telephone records, emails and video chats of millions of
Americans who were not suspected of crimes.
That debate has extended
to state and local governments. News organizations in Palm Springs, Calif.;
Tallahassee, Fla.; Sacramento, Calif., and Pittsburgh are among those that have
been denied records about Stingrays or Stingray-like devices, including details
of contracts that Harris has with government agencies.
to state and local governments. News organizations in Palm Springs, Calif.;
Tallahassee, Fla.; Sacramento, Calif., and Pittsburgh are among those that have
been denied records about Stingrays or Stingray-like devices, including details
of contracts that Harris has with government agencies.
In a response to a
records request from the Tallahassee Democrat newspaper about Florida’s use of
cell-tracking technology, the state’s top police agency provided a four-page,
heavily censored document signed by a police investigator. The newspaper
reported that the document referred to guidelines concerning the purchase of
items and sought the department’s agreement to the “provisions/content of
the Non-Disclosure Agreement.”
records request from the Tallahassee Democrat newspaper about Florida’s use of
cell-tracking technology, the state’s top police agency provided a four-page,
heavily censored document signed by a police investigator. The newspaper
reported that the document referred to guidelines concerning the purchase of
items and sought the department’s agreement to the “provisions/content of
the Non-Disclosure Agreement.”
The Desert Sun of Palm
Springs made a similar request to the San Bernardino County Sheriff’s
Department, which said it had to maintain secrecy even though the newspaper
found information online about cell site simulators.
Springs made a similar request to the San Bernardino County Sheriff’s
Department, which said it had to maintain secrecy even though the newspaper
found information online about cell site simulators.
And in Sacramento, the
local sheriff’s office told a TV station it would “be inappropriate for us
to comment about any agency that may be using the technology” in light of
a Harris nondisclosure agreement.
local sheriff’s office told a TV station it would “be inappropriate for us
to comment about any agency that may be using the technology” in light of
a Harris nondisclosure agreement.
Many of the requests
were part of an effort to investigate the devices by Gannett Co. Inc., which
publishes USA Today and owns other newspapers and television stations around
the country.
were part of an effort to investigate the devices by Gannett Co. Inc., which
publishes USA Today and owns other newspapers and television stations around
the country.
“I don’t see how
public agencies can make up an agreement with a private company that breaks
state law,” said David Cuillier, the director of the University of
Arizona’s journalism school and a national expert on public-records laws.
“We can’t have the commercial sector running our governments for us. These
public agencies need to be forthright and transparent.”
public agencies can make up an agreement with a private company that breaks
state law,” said David Cuillier, the director of the University of
Arizona’s journalism school and a national expert on public-records laws.
“We can’t have the commercial sector running our governments for us. These
public agencies need to be forthright and transparent.”
A representative for
Melbourne, Fla.-based Harris Corp. declined to comment or elaborate on how the
company’s agreements comport with open records laws. Court documents in Hodai’s
case show Harris’ agreement required the Tucson city government not to
“discuss, publish, release or disclose any information” about its
products without the company’s written consent.
Melbourne, Fla.-based Harris Corp. declined to comment or elaborate on how the
company’s agreements comport with open records laws. Court documents in Hodai’s
case show Harris’ agreement required the Tucson city government not to
“discuss, publish, release or disclose any information” about its
products without the company’s written consent.
The agreement also
required the city to contact Harris when it receives public-records requests
about a “protected product,” like a Stingray, so that the company can
“challenge any such request in court.” The police department declined
to comment on Hodai’s lawsuit.
required the city to contact Harris when it receives public-records requests
about a “protected product,” like a Stingray, so that the company can
“challenge any such request in court.” The police department declined
to comment on Hodai’s lawsuit.
He had sought Harris
contracts and police emails about how the technology is used. Email records show
a Harris contract manager advised a Tucson police sergeant on what records
couldn’t be released to the public; the manager relied on the U.S. Freedom of
Information Act, which governs records of the executive branch of the federal
government.
contracts and police emails about how the technology is used. Email records show
a Harris contract manager advised a Tucson police sergeant on what records
couldn’t be released to the public; the manager relied on the U.S. Freedom of
Information Act, which governs records of the executive branch of the federal
government.
Nathan Freed Wessler, a
staff attorney with the ACLU, said there’s often a distinction in
public-records laws to protect bona fide trade secrets — such as circuit board
diagrams — as opposed to broader information like agency policies governing a
Stingray’s use or purchase agreements. He said police in Florida have declined
to tell judges about the use of Stingrays because of nondisclosure agreements.
staff attorney with the ACLU, said there’s often a distinction in
public-records laws to protect bona fide trade secrets — such as circuit board
diagrams — as opposed to broader information like agency policies governing a
Stingray’s use or purchase agreements. He said police in Florida have declined
to tell judges about the use of Stingrays because of nondisclosure agreements.
A December 2013
investigation by USA Today found roughly 1 in 4 law enforcement agencies it
surveyed had performed tower dumps, and slightly fewer owned a Stingray. But
the report also said 36 additional agencies refused to provide details on their
use, with most denying the newspaper’s public-records requests.
investigation by USA Today found roughly 1 in 4 law enforcement agencies it
surveyed had performed tower dumps, and slightly fewer owned a Stingray. But
the report also said 36 additional agencies refused to provide details on their
use, with most denying the newspaper’s public-records requests.
