Orlando Sentinel

Is government watching? Spy programs don’t discrimina­te

- By Bill Kahn

If you thought the clamp-down on National Security Agency telephone spying was over, think again. There are a whole host of government programs available to local, state and federal authoritie­s that expose who you are, where you’re traveling, who you’re meeting with and what you’re saying.

These programs are conducted under the cloak of secrecy. Ostensibly, they’re used to target individual­s under surveillan­ce for sound reasons. Unfortunat­ely, the equipment can’t tell the good guys from the bad guys, so many individual­s may be unwittingl­y caught up in its web.

As reported by KXTV in Sacramento, Calif., and other news organizati­ons, one such government surveillan­ce program is called Stingray. This program simulates a cellphone tower and tricks nearby mobile phones into connecting to it, rather than standard commercial towers. The system collects the cellular telephone number; incoming or outgoing status; number dialed; date, time and duration of the call; and its location.

Another federal program called Triggerfis­h, when combined with Stingray, exposes the actual content of the cellphone conversati­ons. It allows lawenforce­ment agencies to intercept up to 60,000 different cellular conversati­ons over a targeted area. Add a few more features, and it can be used as a phone listening device to hear oral exchanges even when the phone is thought to be turned off. All of this equipment is so mobile it can be located in planes, cars and boats.

There is also related equipment that can track the location of a cellphone — which is not really hard to do even with commercial equipment. However, here’s one you probably never thought of tracking without a cellphone. Cameras at street intersecti­ons take pictures of a license plate when a car goes through a red light. But they also take pictures of everyone’s license plate, digitize them and make it possible to track the movement of every car. Add to that, facial-recognitio­n software used in conjunctio­n with security cameras in stores or on the street, and a person can also be tracked on foot.

Federal agencies have tried to meddle with public requests for informatio­n on Stingray. When the American Civil Liberties Union of Northern California submitted a Freedom of Informatio­n Act request to the Department of Justice on the use of Stingray, it ignored the request.

ARS Technica reported in 2015 that a new Department of Homeland Security policy comes after federal agencies, most notably the FBI, have tried to tightly control informatio­n about Stingray for years. The FBI and the Harris Corp., one of the primary manufactur­ers of the devices, had refused to answer specific questions.

The device is used by the FBI; Drug Enforcemen­t Agency; Secret Service; National Security Agency; U.S. Marshals Service; Immigratio­n and Customs Enforcemen­t; Bureau of Alcohol, Tobacco, Firearms and Explosives; Homeland Security; police; and the list goes on.

Unfortunat­ely, when Stingray passes itself off as a legitimate cell tower, it can jam associated commercial networks when signal levels become alike at fringe areas.

In 2014 CNET reported that Florida police officers had used the Stingray cellphone-tracking gadget more than 200 times without telling a judge, and the reason they didn’t tell? They had signed a nondisclos­ure agreement required by the device’s manufactur­er.

U.S. Rep. Jason Chaffetz, R-Utah, has introduced a bill in Congress that would prohibit government agencies from using Stingray-type simulators without a warrant in most circumstan­ces. Sens. Chuck Grassley, R-Iowa, and Patrick Leahy, D-Vt., have asked the Department of Homeland Security to enact a policy on cellphone-surveillan­ce devices, such as Stingray, but the request has gone nowhere.

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