PITTSBURGH —Cellphone surveillance devices are typically talked about in terrorism investigations related to national security.
Now, we're learning these devices may be in your neighborhood -- police possibly tapping into your cellphone, even while you're at home, and you likely would never know.
StingRay is a powerful cellphone surveillance device. It's portable, and it's a cellphone tracker. Pittsburgh's Action News Investigates has learned that Pennsylvania State Police ordered a device similar to it.
Here's how it works. Let's say police want to track a suspect's location. The device acts like a fake cell tower, sending out signals to trick the suspect's cellphone into transmitting information such as location.
The problem?
"(It can) not only track the movements of criminal suspects, but track the movements of anyone whose cellphone is in the vicinity of the technology," says Sara Rose, staff attorney for the American Civil Liberties Union of Pennsylvania.
Rose says that means innocent bystanders would have no idea their cellphones are being tracked.
"There's no reason to get my phone. I'm not doing anything bad," says Amanda Anderegg, of downtown Pittsburgh.
"It's for the greater good, but it's also a violation of my personal privacy at the same time," says Antawn Coleman, of downtown Pittsburgh.
"This is potentially 'big brother' type of stuff," said former Washington County District Attorney Steve Toprani.
Is it a Fourth Amendment violation?
Toprani says police need a search warrant to use electronic devices to intercept calls or target locations, but "the police can operate without search warrants when there's certain exigencies. So will the police then use this device and say, 'Well, there was such a pressing need, we didn't have time to go into court,' and potentially access private information?"
Recently, cellphone surveillance proved critical to capturing accused cop-killer Eric Frein. The search warrant application for Frein shows police used electronic surveillance to target his phone, but the type of device is not listed.
In court, do police have to tell exactly how they were able to catch the suspect and what type of technology they used?
"That's the million-dollar question," Toprani says.
Based on Pennsylvania law, Toprani says that would be expected.
Police have refused inquiries from Pittsburgh's Action News Investigates about these devices and declined interview requests.
Taxpayers paid $232,772 for the device. The number ordered is not clear.
Pittsburgh's Action News Investigates learned about the money after filing an open records request for contracts or purchasing orders for surveillance technology known as StingRay or Hailstorm and their purpose.
State police redacted most of the documents, saying the records are exempted under federal law, and noting, "If disclosed, would be reasonably likely to jeopardize or threaten ... public safety or preparedness."
"First time that I knew it was somewhat organized," said Sandahl Blythe, of downtown Pittsburgh.
The ACLU says the major problem is a lack of transparency as to when and how the device is used, and for how long.
They are "encouraging the government (to) put in place policies for the storage of the data, for the use of the data, who has access to the data collected, and the public be privy to what the government is doing with their information," Rose said.
Not everyone shares similar feelings.
"I think that's a really personal conflicting thing. At one point, I want to be safe. But then, at one point too, you know, just a really tough call," said Anthony Lucas, of downtown Pittsburgh.
"It doesn't bother me one bit," said Derek Moore.
Newly elected Lt. Governor Mike Stack said he was unaware about this.
"I'm really interested because it would be troubling if this kind of surveillance took innocent citizens and violated privacy," Stack said.
How much information can police get out of your phone?
The Electronic Frontier Foundation, a group that works to protect rights as technology continues to develop, says your serial number is captured at the very least.
As for emails and phone calls, the EFF says there's no telling because police transparency is not there.
Some states are using similar devices, and it's mostly through court cases that the public is learning more about their use.
No comments:
Post a Comment