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from the to-protect-the-public-or-themselves? dept.
The New York Civil Liberties Union is pushing a new state bill that would require law enforcement to obtain a warrant prior to deploying a cell-site simulator, or stingray. The bill also includes other new restrictions.
Cell-site simulators, or fake cell towers, are often used by police to locate criminal suspects by tricking their phones into giving up their location. In some cases, simulators can also be used to intercept phone calls and text messages. Use of these devices has been heavily scrutinized in recent years—in September 2015, the Department of Justice said it would require its federal agents to seek a warrant before deployment.
[...] The bill, which was first reported by ZDNET, doesn't mention stingrays specifically. However, it specifically forbids law enforcement from accessing "electronic device information by means of physical interaction or electronic communication with the device" unless they have a warrant. There are a few narrow exceptions, such as exigent circumstances.
(Score: 0) by Anonymous Coward on Sunday January 29 2017, @12:59AM
You have a kilo of coke sitting on your front seat where they can see they will arrest you. The search is considered reasonable.
You have a kilo of coke sitting in your trunk where they can not see they will arrest you without a warrant. The search is only considered reasonable if you let them do it or they get a warrant.
Now cops will use ways to get around the second rule.