Thursday, March 8, 2018

Florida Senate Approves Bill to Ban Warrantless Stingray Spying, Help Hinder Federal Surveillance



Today, the Florida Senate approved a measure that would ban warrantless location tracking and the use of stingray devices to sweep up electronic communications in most situations. The new law will not only protect privacy in Florida, but will also hinder one aspect of the federal surveillance state.

Sen. Jeff Brandes (R-St. Petersburg) introduced Senate Bill 1256 (SB1256) on Dec. 14. The legislation would help block the use of cell site simulators, known as “stingrays.” These devices essentially spoof cell phone towers, tricking any device within range into connecting to the stingray instead of the tower, allowing law enforcement to sweep up communications content, as well as locate and track the person in possession of a specific phone or other electronic device.

SB1256 would require police to get a search warrant based on probable cause before acquiring real-time or historical GPS location data, and before using any type of mobile tracking device in most situations. Police already must get a warrant before intercepting cell phone communication content. Adding location tracking to the warrant requirement would effectively end warrantless stingray use in Florida. The legislation would also require police to get a warrant before accessing stored location data from a service provider. Under current law, police can access stored data with a court order.

Last month,, the Senate Rules Committee passed SB1256 by a 13-0. Today, the full senate passed the bill by a vote of 36-0.

The bill does include some exceptions to the warrant requirement. Police could use stingray devices an emergency situation that involves the immediate danger of death or serious injury, the danger of escape of a prisoner, or when specifically defined exigent circumstances exist. In these situations, police would still be required to obtain a warrant within 48 hours.

The contents of any intercepted wire, oral, or electronic communication, or evidence obtained in violation of the law could not be received in evidence or otherwise disclosed in any trial, hearing, or other proceedings.

IMPACT ON FEDERAL SURVEILLANCE PROGRAMS

The federal government funds the vast majority of state and local stingray programs, attaching one important condition. The feds require agencies acquiring the technology to sign non-disclosure agreements. This throws a giant shroud over the program, even preventing judges, prosecutors and defense attorneys from getting information about the use of stingrays in court. The feds actually instruct prosecutors to withdraw evidence if judges or legislators press for information. As the Baltimore Sun reported in April 2015, a Baltimore detective refused to answer questions on the stand during a trial, citing a federal non-disclosure agreement.

http://blog.tenthamendmentcenter.com/2018/03/florida-senate-approves-bill-to-ban-warrantless-stingray-spying-help-hinder-federal-surveillance/

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