Goodbye to transparency: StingRay punches hole in Democracy’s shield

Cell site simulators – StingRay, KingFish – used by police around the country to intercept cell phone calls, operate in secrecy under FBI-sanctioned nondisclosure agreements with Harris Corporation, the manufacturer. A Santa Clara County (California) supervisor asked to approve a half million dollar down payment for StingRay was told “only people with badges” could see a demonstration of the product. The supervisor complained that so far he is not even allowed to see the nondisclosure agreement. (The New York Times, March 15, 2015, by Matt Richtel)

The cell site simulators can capture texts, e-mails, phone calls and locate callers. Harris has made $40 million from contracts with government law enforcement agencies at all levels but little is known about the extent of their use across the country. The ACLU has published a graphic showing what is known. (Business Insider, March 16, 2015, by Lisa Eadicicco)

In a rare victory for disclosure of the details of StingRay use, the New York ACLU won a court ruling in a freedom of information lawsuit seeking purchase orders, invoices, policies and details of the investigations conducted with cell site simulators by the Erie County Sheriff’s Office. The judge wrote that there was no damage to law enforcement in not disclosing details of the purchase orders and that the information was “of quintessentially compelling interest to and of undeniable impact upon the taxpaying public.” (Ars Technica, March 18, 2015, by Cyrus Farivar)