The police are secretly using fake cellphone towers to spy on people

Source: 
Author: 
Coverage Type: 

Did you know that law enforcement can track your cellphone with a fake cell tower? It's true -- and devices that do this, known as stingrays, are at the center of a growing scandal. The FBI has done everything it could to keep the existence and use of stingrays a secret. Local law enforcement agencies are forced to sign nondisclosure agreements before they can use the devices. The FBI claims that revealing details about how the gadgets work would tip off criminals and terrorists, rendering them less effective. But in recent months, civil liberties groups have steadily chipped away at the secrecy of these devices. We've learned that they're used by dozens -- and probably hundreds -- of law enforcement agencies across the country, and that at least one agency has used them thousands of times. Critics say the way these devices have been used violates the US Constitution, by tracking people's locations without judicial oversight. And the secrecy surrounding the devices also appears to be hampering efforts to prosecute violent criminals, as prosecutors have dropped key evidence rather than discuss how it was obtained.

The extreme secrecy surrounding these devices is out of step with the American tradition of open and accountable government. Americans have a right to know that law enforcement spying has proper judicial oversight. And this kind of oversight is impossible if even basic information about the technology is kept under wraps. We don't know if warrantless cellphone tracking is legal or not. Law enforcement agencies have insisted that the Fourth Amendment doesn't apply in this type of situation, and the courts have yet to squarely address the situation. Prosecuting people using secret evidence certainly seems constitutionally problematic. In any event, there's no way to put the stingray genie back in the bottle. At this point, smart criminals are going to assume that the police have the ability to track their cell phones. If the FBI continues to insist on secrecy, it's only going to hamper the efforts of prosecutors, who will be put at a disadvantage by their inability to explain how they got incriminating evidence.


The police are secretly using fake cellphone towers to spy on people