Feds change defense in order to conceal details about its ‘stingray’ device

Feds change defense in order to conceal details about its ‘stingray’ device
In 2008, self-describer hacker Daniel David Rigmaiden was arrested and charged with identity theft, unauthorized computer access, mail fraud and wire fraud for stealing more than $4 million through false tax filings.

For the last year, Rigmaiden has claimed that his arrest was a result of a violation of his Fourth Amendment rights, which protects citizen from unreasonable search and seizure, because the government used a device called the stingray to track his cell phone without a valid warrant. The U.S. Department of Justice has stood by the defense that the use of the stingray is not considered a search because the user did not have a reasonable expectation of privacy while use Verizon Wireless cellphone service.

Rigmaiden has requested additional information about the stingray in order to further examine what information was gathered about him and possible innocent bystanders within range of the device. What is known about the stingray thus far is, it mimics a cell tower to measure the signal strength of a target mobile device. The stingray is moved to other locations, and the resulting data is used to triangulate the position of the target. The scope of data it collects is unknown, particularly because investigators delete the tracking data, rather than submitting it to the court.

In the latest development of this case, the government is now admitting that the use of the stingray in this case could be considered a search and seizure under the Fourth Amendment. They are willing to make concessions specifically for this case in order to “avoid unnecessary disclosures” about the device. The judge in the case, David G. Campbell, has expressed the potential need for more information about the stingray before being able to determine whether or not its use can be considered a search in this case.

The FBI stated in a recent memo, it deletes all data from the stingrays because it tends to gather data on other mobile devices in addition to the suspect's. The FBI has stated that their intent is to ensure “the privacy rights of those innocent third parties are maintained.

source: The Wall Street Journal

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7 Comments

1. Droid_X_Doug

Posts: 5993; Member since: Dec 22, 2010

Big brother is watching you....

2. androidphan

Posts: 32; Member since: Nov 06, 2011

Either way the guy is a crook. Hang em high.... Stingray or not this guy should go to jail.

4. beatsandmelody

Posts: 109; Member since: Nov 01, 2011

Maybe... In America, you are (supposed to be) innocent until proven guilty in a court of law. Authorities breaking the law to prosecute law breakers... It's a pretty unsettling idea. Who would police the police? The federal government? At this point in time, it seems they are in the pockets of major corporations.

3. denney

Posts: 98; Member since: Oct 20, 2011

That device in no way resembles a beautiful 4-band electric bass. I am disappoint.

5. Sniggly

Posts: 7305; Member since: Dec 05, 2009

Sure, the government gets all pissy and will scrutinize companies like Google for using location data to deliver more specific ads, but it's quite all right for them to use this super Big Brother device.

6. taco50

Posts: 5506; Member since: Oct 08, 2009

That thing is ugly. Steve Jobs would have made a much more elegant design.

7. iHateCrapple

Posts: 734; Member since: Feb 12, 2010

You fruitcake, lol

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