The American Civil Liberties Union of New Mexico has sued the city of Albuquerque, seeking records by the city's police department about its use of stingrays, also known as cell-site simulators.
In May 2017, the ACLU of New Mexico filed a public records request to the Albuquerque Police Department (which has been under federal monitoring for years), seeking a slew of information about stingrays. The requested info included confirmation on whether the police had stingrays, "policies and procedures," and contracts with the Harris Corporation, among other materials. Albuquerque denied many of these requests, citing a state law that allows some public records to be withheld on the grounds that they reveal "confidential sources, methods." So, last week, the ACLU of New Mexico sued.
As Ars has been reporting for years, stingrays are used by law enforcement to determine a mobile phone's location by spoofing a cell tower. In some cases, stingrays can intercept calls and text messages. Once deployed, the devices intercept data from a target phone along with information from other phones within the vicinity. At times, police have falsely claimed the use of a confidential informant when they have actually deployed these particularly sweeping and intrusive surveillance tools. Often, they are used to locate criminal suspects.
A lawyer for the police department did not immediately respond to Ars' request for comment.
APD spokeswoman Celina Espinoza told the Albuquerque Journal in a statement that the department "follows legal standards with the use of any technology," but did not answer further questions.
Source: Ars Technica
(Score: 2) by Snotnose on Wednesday July 12 2017, @12:29AM (6 children)
Stingrays are unconstitutional to anyone who pays attention, even though a court has yet to declare them so. Actually, if memory serves, a court did rule them unconstitutional a couple months back, but I'm too lazy to google.
The Albuquerque PD needs to both suck a bag of dicks, and be forced to pay out millions over this.
I came. I saw. I forgot why I came.
(Score: 4, Insightful) by Runaway1956 on Wednesday July 12 2017, @01:00AM (5 children)
Also to lazy to google for citations, but Albuquerque has also been in the news for doing that civil forfeiture thing, after the feds have told states to quit that shit. The cops don't work for the people in Albuquerque, they work for themselves.
If you think about it, it's a pretty good racket. Monitor anyone and everyone, and when you find them doing something you don't like, you seize all their assets. Car, money, maybe even their home, anything in their home, sell it all off, and pocket the money. If anyone sues, you have some crooked judges in your arsenal, so you frame that person for something/anything and send him to prison.
Abortion is the number one killed of children in the United States.
(Score: 1, Funny) by Anonymous Coward on Wednesday July 12 2017, @01:10AM (3 children)
...........but enough about the details of how SN extorts donations.
(Score: 1) by Arik on Wednesday July 12 2017, @01:21AM (2 children)
If laughter is the best medicine, who are the best doctors?
(Score: 1, Touché) by Anonymous Coward on Wednesday July 12 2017, @02:27AM (1 child)
Where's your Subscriber Badge?
(Score: 0) by Anonymous Coward on Wednesday July 12 2017, @05:19PM
Why should he pay for a subscription? They don't even let him use proportional fonts.
(Score: 0) by Anonymous Coward on Wednesday July 12 2017, @01:26AM
Also three too lazy to google for citations, . . . aw, just fuck it.
(Score: 2) by kaszz on Wednesday July 12 2017, @12:42AM (10 children)
A spectrum analyzer and capture mechanism that is on board a drone flying above the city should find these kind of radio transmitters?
As time goes on there will be more phones around that can identify this kind of abuse. Ie ones with a real OS and proper software.
(Score: 0) by Anonymous Coward on Wednesday July 12 2017, @12:50AM (1 child)
A spectrum analyzer and capture mechanism that is on board a drone flying above the city should find these kind of radio transmitters? Good way to get arrested on federal charges. The spectrum analyzer not so much, but if you capture and try to decode then good luck.
(Score: 2) by Runaway1956 on Wednesday July 12 2017, @01:53PM
"The spectrum analyzer not so much, but if you capture and try to decode then good luck."
Not sure about that. Maybe it's just a matter of terminology? You can own any radio RECIEVER, and you can capture, even record, anything on the airwaves. Now, the decoding is tricky. The police will tell you that it is illegal to own a decoder. Of course, the police will tell you a lot of things, right? "Encrypted" police radio traffic isn't really encrypted, so you're out of the woods on the encryption bit. I've always understood that it is illegal to decrypt radio traffic, but I'm not finding anything on the internet to back that up. Anyway - they aren't encrypting, so you don't need to decrypt.
Some info in this video: https://www.quora.com/Why-are-local-police-departments-encrypting-their-radio-networks-is-this-legal [quora.com]
More info here, regarding encryption, or the lack thereof: https://www.quora.com/Why-are-local-police-departments-encrypting-their-radio-networks-is-this-legal [quora.com]
Ultimately, the states, counties, and cities HAVE NO AUTHORITY OVER THE CAPTURE OF RADIO TRAFFIC. The airwaves are controlled by the federal government, specifically the FCC.
The right to listen to the police goes hand in hand with the right to record video of the police. Cops have told us for decades that recording a cop on the job is illegal - but the courts are slowly putting that issue right. If you can see a cop, you can record him. We need a few court cases to establish that if a cop is speaking on the air, you can listen to him.
Abortion is the number one killed of children in the United States.
(Score: 0) by Anonymous Coward on Wednesday July 12 2017, @01:14AM (7 children)
Honestly, the drone would not be needed. You can't hide a cell tower, even a bugged one. Each cell has a number (several really but one for simplicity's sake), including the stingrays. It HAS to announce itself to the surrounding space and phones nearby automatically tune to it. LEOs and TLAs biggest fear is that the public will become so knowledgeable about these devices that they will be identifiable and black list radio cells that match. Unlike radar detectors they won't exactly be able to ban or jail you for using them. Then all this money they spent to develop this and keep it secret from us will all have been wasted. I'm waiting patiently for this inevitable outcome.
(Score: 0) by Anonymous Coward on Wednesday July 12 2017, @01:19AM
I nominate cafebabe to bring this inevitable outcome to fruition.
(Score: 2) by frojack on Wednesday July 12 2017, @01:31AM (5 children)
The hell you say.
A stingray will fit in the back of any generic white van, parked on any random controlled property, and you will never be able to get near it when its in operation. It will always be just over the fence, or just past the police line.
And what good would it do you to find it anyway? Even if you knew the exact space number the van was parked in on the closed rooftop parking garage, who you gonna call?
No, you are mistaken. I've always had this sig.
(Score: 2, Funny) by Anonymous Coward on Wednesday July 12 2017, @01:40AM
A microwave magnetron in a pringles can.
(Score: 1, Interesting) by Anonymous Coward on Wednesday July 12 2017, @01:42AM (2 children)
I think the idea is that you learn the roaming tower's identifiers.
Legitimate pop-up towers set up for a large event would cause false-positives though.
(Score: 3, Informative) by frojack on Wednesday July 12 2017, @01:58AM (1 child)
There's an app for that. Seriously, there is.
But so what? You could call the FCC and complain? How many divisions does the FCC have?
No, you are mistaken. I've always had this sig.
(Score: 2) by Runaway1956 on Wednesday July 12 2017, @01:58PM
Record and publish the identifying information. If people know how to identify an eavesdropper, they won't use the eavesdropper.
Abortion is the number one killed of children in the United States.
(Score: 0) by Anonymous Coward on Wednesday July 12 2017, @09:08PM
the mortar operator?
(Score: 5, Insightful) by frojack on Wednesday July 12 2017, @01:37AM (4 children)
Other than the combination to the evidence locker, computer passwords, and such, what legitimate secrets should any local police department or Sheriff's office have?
I simply can't come up with any equipment that should not be public knowledge.
No, you are mistaken. I've always had this sig.
(Score: 0) by Anonymous Coward on Wednesday July 12 2017, @02:54AM (3 children)
I demand an inventory of vibrators in lady cops desk drawers.
(Score: 2) by MostCynical on Wednesday July 12 2017, @05:11AM (1 child)
If ere is an exception for personal items, I can imagine some police personnel will start getting "white van" allowance - just like a car lease, but, unlike normal vans, the back doors are locked all the time...
"I guess once you start doubting, there's no end to it." -Batou, Ghost in the Shell: Stand Alone Complex
(Score: 0) by Anonymous Coward on Wednesday July 12 2017, @07:28AM
Just set the stingray to vibrate.
(Score: 2) by DannyB on Wednesday July 12 2017, @01:07PM
Arizona state law imposes a maximum limit of two dildos per household. Does New Mexico have such a limit? Or does New Mexico not protect the morals of its citizens as diligently as Arizona?
Young people won't believe you if you say you used to get Netflix by US Postal Mail.
(Score: 2, Informative) by Anonymous Coward on Wednesday July 12 2017, @09:28AM (4 children)
Another lawsuit against APD is the last thing Albuquerque needs right now.
Lawsuits against APD have made it so they aren't even supposed to arrest thieves, trespassers, etc unless more than $1000 worth of damage. http://krqe.com/2017/05/16/officers-issue-citations-instead-of-making-arrests-for-non-violent-misdemeanors/ [krqe.com]
APD is afraid to enforce laws on the homeless/mentally ill since the James Boyd shooting and subsequent lawsuits. ABQ is now the place you can literally take a bite out of someone's arm and not face any charges or be institutionalized. http://krqe.com/2017/06/11/man-bitten-by-home-intruder-suspect-not-arrested-on-scene/ [krqe.com]
I get that Stingrays can be used for surveillance and are probably unconstitutional, but I don't really care at this point.
I care more that ABQ is a dangerous cesspool with a crippled police force. I hear gunshots 2-3 times a week, my local park has dirty needles in the grass, hell someone was shot in the freaking playground on a Sunday afternoon, people fighting and yelling in the street at all hours of the night is a weekly occurrence now, and last month a homeless man was burned to death by thugs.
The ACLU and DOJ can shove off unless they want to fix the real issue which is that the courts in ABQ are a revolving door.
A perfect example is a former neighbor, he was arrested for felony burglary, he jumped bail and missed court. While having a warrant for failure to appear, he was arrested for possession of a stolen vehicle and they let him bond out of jail. He was arrested a month later for possessing stolen property and dealing drugs, they let him go again without a bond even. Guess what ... he failed to appear at his next court date. This isn't even close to isolated, this happens time and time again.
Don't get me wrong; I like the 4th amendment and especially the 2nd, given ABQ's state. I hate constitutional violations and APD has plenty of bad cops that violate all sorts of rights, but another lawsuit costing the city millions isn't going to do any good.
Seriously, I have had property stolen and vandalized multiple times, one coworker was mugged at gun point and another was shot in the arm in a drive by, and a close friend had his car window shot out while driving.
If the ACLU absolutely feels the need to defend people's rights in ABQ, perhaps they could start with our right to not being robbed, mugged, or shot at. They can sue about the civil rights later.
(Score: 0) by Anonymous Coward on Wednesday July 12 2017, @01:22PM
Maybe they should quit putting themselves in the position of being sued?
Maybe they should stop wasting money on stingrays and use it on officer training to prevent the bad behavior?
Maybe, just MAYBE you should be holding their leadership accountable instead of blaming the people bringing the misdeeds to light?
(Score: 4, Insightful) by Runaway1956 on Wednesday July 12 2017, @02:03PM
The solution to all of that? Bust the bad cops, and put THEM in prison for a few decades. If the city tolerates the bad cops, then the city can pay off on law suits. Immediately after that, go after the judges who operate those revolving doors. The average shithead doesn't need prison time - but the really despicable lowlifes need to be sentenced, and the sentences made to stick.
With some no-nonsense judges, and an honest police force, the lawsuits will fade into a bad memory.
Abortion is the number one killed of children in the United States.
(Score: 0) by Anonymous Coward on Wednesday July 12 2017, @09:11PM
sounds like the citizens are to blame. the list is long. whining like a helpless slave is not on the list.
(Score: 1, Informative) by Anonymous Coward on Wednesday July 12 2017, @10:08PM
You have that right. You are legally in the right, not to be mugged on any given day.
Just because you have that right doesn't mean that anybody is guaranteeing that it happens. It's not a prerogative that you can demand of the government. As the Supreme Court has clearly decided, the police have no obligation whatsoever to serve your personal need for safety. You could watch your children be impaled on stakes, your wife gangraped and taken away in chains, and get gangraped yourself before, during and after castration without anaesthetic, and the literal police obligation with respect to that course of events ... is nothing. Even if you called. Even if you called 911. Even if you called 911 multiple times. Even if you were on speakerphone so that they could hear the screams and the laughter.
Oh, I guess you could make a case that they should document the aftermath. For all the good that it does you.
But nobody will have a legal cause for action against you just because on the thirteenth of July, 2017, you didn't get mugged.
I hope that this helps you understand the difference between a right, a privilege, a prerogative, and an entitlement.