LAPD & other police dept's. are illegaly tapping American's phones.
Los Angeles, CA- Documents obtained by L.A. Weekly through the Freedom of Information Act show that the Los Angeles Police Department is quietly using the StingRay. (Police in Miami, Fort Worth and Gilbert, Ariz., also are known to have the devices.)
LAPD refuses to discuss how it uses the powerful tool, perhaps copying the FBI's playbook, which argued in the Rigmaiden case that revealing too many details would cause serious harm to future investigations.
The department, through a spokesperson, refused to comment on the device, despite repeated requests from the Weekly. Through the department's Discovery Unit, which handles requests from the public and media under the California Public Records Act, LAPD also declined to reveal any information on how the devices are used.
LAPD even refuses to say whether its detectives are required by police chief Charlie Beck and the Los Angeles Police Commission — all of whom are appointed by Mayor Antonio Villaraigosa — to obtain a search warrant before the StingRay is deployed against unsuspecting L.A. residents' cellphones.
The FBI has argued that a search warrant is not required, a question at issue in the Rigmaiden case, and one that Beck's people refused to address.
But LAPD is using the devices.
Documents obtained from the Inspector General's office of the Department of Homeland Security reveal that LAPD bought two so-called "IMSI catchers" around 2006. At the time, LAPD had "recently purchased a cellphone tracking system (CPTS) for regional, terrorist-related investigations." The records mention StingRay and KingFish, brand names for IMSI devices made by Florida's Harris Corp.
Separate documents show that, in April 2010, the Los Angeles City Council approved the purchase of $347,050 in additional "StingRay II" equipment — and paid for it with outside funds from the Los Angeles Police Foundation, a nonprofit group that supports police functions, over which the city has no control.
Peter Bibring of the ACLU of Southern California says LAPD's refusal to discuss its internal guidelines for allowing use of the spy device is unreasonable. (Policies typically are not protected from open-government disclosure laws.)
LAPD's reflexive secrecy means, he says, "We can't have a public debate on what kinds of location-monitoring technologies are appropriate, and when they're justified."
Bibring calls LAPD's negative reaction to the Weekly's requests "just inconsistent with the democratic process."
The StingRay is a unique new tool, allowing police to track cellphones directly. According to Chris Soghoian, graduate fellow at the Center for Applied Cybersecurity Research at Indiana University, the StingRay exploits the architecture of cellphone networks.
Mobile devices connect to the wider network by using the antennae closest to them at the time. But when LAPD fires up a StingRay, it's often the most powerful signal in the area. Instantly, the department's spy equipment becomes the go-to "tower" for every cellphone and mobile device nearby — not just the phone carried by the suspect they're tracking.
"If the government shows up in your neighborhood, essentially every phone in the neighborhood is going to check in with the government," Soghoian warns. "It's almost like Marco Polo — the government tower says 'Marco,' and every cellphone in the area says 'Polo.' "
LA Weekly, using recently obtained FOIA documents, discovered that the Los Angeles Police Department (along with police in Miami, Ft. Worth and Gilbert, AZ) has obtained and deployed the questionable StingRay. Not that the LAPD has much to say about its use, however:
LAPD refuses to discuss how it uses the powerful tool, perhaps copying the FBI's playbook, which argued in the Rigmaiden case that revealing too many details would cause serious harm to future investigations.
The department, through a spokesperson, refused to comment on the device, despite repeated requests from the Weekly. Through the department's Discovery Unit, which handles requests from the public and media under the California Public Records Act, LAPD also declined to reveal any information on how the devices are used.
LAPD even refuses to say whether its detectives are required by police chief Charlie Beckand the Los Angeles Police Commission — all of whom are appointed by Mayor Antonio Villaraigosa — to obtain a search warrant before the StingRay is deployed against unsuspecting L.A. residents' cellphones.
Chances are the LAPD is deploying the devices without obtaining warrants, what with the FBI having set the precedent. With no court decision having been handed down yet dealing specifically with cell phone location trackers, law enforcement officers are pretty much free to explore the limits of this gray area. Refusing to discuss any details is par for the course for most enforcement agencies when asked about questionable means and technology, most of whom cite "serious harm" or "compromised investigations" as the reason for their obfuscation.
Speaking of dubious catch-all phrases, guess which one of the all-time "greats" was used to justify the purchase of these cell phone tracking systems:
Documents obtained from the Inspector General's office of the Department of Homeland Security reveal that LAPD bought two so-called "IMSI catchers" around 2006. At the time, LAPD had "recently purchased a cellphone tracking system (CPTS) for regional, terrorist-related investigations." The records mention StingRay and KingFish, brand names for IMSI devices made by Florida's Harris Corp.
Oh, yes. "Terrorism." Citing this vague threat in the law enforcement arena tends to open wallets and close minds with incredible efficiency. But the LAPD's acquisition of the cell phone trackers went one step further, and completely cut out any last vestige of public accountability.
http://www.techdirt.com/articles/20120919/15083020437/lapd-joins-feds-skirting-fourth-amendment-with-cell-phone-tracking-devices.shtml
http://www.laweekly.com/2012-09-13/news/LAPD-stingray-spying-cellphone/