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Chrome OS doesn’t provide an integrated lost-device-tracking solution, either. Some software packages promise to track and locate lost Chromebooks, but they’re generally commercial products marketed to large organizations. For example, GoGuardian promises to aid you in tracking and recovering stolen Chromebooks, but it’s targeted at schools rolling out large numbers of Chromebooks.
Google and Microsoft have promised they’ll be adding iPhone-like “kill switches” in future versions of Android and Windows Phone to deter phone theft. Microsoft is also working on bringing Windows Phone and Windows 8 together, so perhaps the next version of Windows will include a built-in tracking feature.
Chris Hoffman is a technology writer and all-around computer geek. He's as at home using the Linux terminal as he is digging into the Windows registry. Connect with him on Twitter .
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Police Stingray invoices
The News Journal filed a Freedom of Information of Act request seeking purchase invoices from the Delaware State Police to Harris Corp., maker of the Stingray. The agency produced eight invoices for software, laptops, antennas and training.Sponsored by Invoice totalMonth of invoice
Delaware State Police
Chris Allen, spokesman for the FBI in Washington, downplayed the notification.
"This is just a way to facilitate a conversation" between the FBI and the prosecutor, said Allen, who would not comment about Stingray surveillance techniques.
“When you create these kinds of tools, there’s going to be a battle.”Gary Miliefsky, CEO of Snoopwall
Police have frequently said that the secrecy is needed so criminals and terrorists don’t find out about how the machines work.
Coupe, now the commissioner of the Delaware Department of Correction, declined an interview request with The News Journal through DOC spokeswoman Chelsea Hicks. She cited the agreement with the FBI as a reason for his unwillingness to speak on the matter.
"It's almost like a gag clause," Hicks said.
More police departments will likely adopt Stingray-type technologies, and with that trend will come legal challenges, said Gary Miliefsky, CEO of Snoopwall, a company that sells cyber security software for cell phones.
“When you create these kinds of tools, there’s going to be a battle,” he said
'Sworn to secrecy as to its existence'
Dade Werb, an attorney in the Delaware Public Defender’s Office, said he suspects state police are using Stingrays as a kind of dragnet – a way to collect lots of data that can produce more leads.
They “probably use them early on in their investigations and use that information to obtain other information in the investigation that they then will disclose to us,” he said.
But no one is really sure, he said.
“Police are usually sworn to secrecy as to its existence,” Werb said.
Much of the data that has come to light about Stingrays in Delaware has been a result of efforts by the ACLU and a local civil libertarian.
Jonathan Rudenberg, a Newark software developer, said he sought information about the state police's use of Stingray-type machines last year. There had been evidence of police using the equipment in other states without a warrant, and he wanted to find out if state police did the same here. But his FOIA request was rejected by officials at the agency, citing its non-disclosure agreement with the FBI and Harris Corp.
"They are very invasive devices," Rudenberg said.Buy Photo
ACLU attorney Ryan Tack-Hooper discusses the potential for cellphone monitoring devices used by law enforcement such as the Stingray to infringe on privacy rights during an interview on Feb. 11. (Photo: DANIEL SATO/THE NEWS JOURNAL)
With help from the Delaware ACLU, Rudenberg appealed the decision. At the end of December, Attorney General Matt Denn ruled in favor of Rudenberg and last month, the state police provided the purchase order documents and the letter from the FBI. As part of that release, The News Journal received documents to its previously rejected FOIA request.
Political advocates have been monitored by law enforcement agencies in other states in the past, said Tack-Hooper, the ACLU lawyer, and that is why records must be available to the public about how these machines are being used.
Warrants are key for cellphone surveillance, said Widener law professor Leonard Sosnov. Without one, searching a person’s phone records would strike against constitutional protections. Another possible legal issue, he said, is that the searches scoop up data from innocent people who happen to be near a suspect.
“They have to minimize any possible intrusion on anyone else,” Sosnov said.
Leonard Sosnov (Photo: PROVIDED)
Daniello said he first became suspicious about a cell-site simulator being used when he got a copy of a warrant that was used to gather evidence against his client facing a drug dealing charge.
The court order was to allow police to obtain information about who a suspect might have called. The technique is common when investigating drug dealers, he said, but a handwritten note along the top of the warrant said 'Triggerfish'.
That jumped off of the page, Daniello said.
Triggerfish is one kind of cell-site simulator in the Stingray family, made by Harris Corp.
“Somebody gave me that and I don’t think they were supposed to,” he said.
When Daniello saw the note, he demanded more information. What he received instead was a better deal from the prosecutor.
“I was going to make a stink about it and demand all the information,” Daniello said. “They’re going out and pinging everybody."
Daniello said that police are "pulling one over on the courts" by not indicating in the full text of a warrant that cell-site simulators are being used.
The News Journal sent a FOIA request to the Delaware State Police asking for copies of all warrants from adjudicated cases that contained the term “pen register,” the technical term for a call search history. Despite existence of the warrant issued for Daniello’s client, the agency responded that no records existed.
The Wilmington and New Castle County police departments also responded to FOIA requests saying no Stingray-related equipment has been purchased by the agencies.
Delaware Chief Justice Leo Strine, who has wide sway over legal procedures statewide, declined to comment. Spokesman Sean O’Sullivan said it would be inappropriate for Strine to add his perspective to the debate because of the possibility that the issue could be litigated in Delaware.
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A call for transparency
It is the opinion of Denn that police must obtain a warrant before using a cell-site simulator under Delaware state law, said Attorney General’s Office spokesman Carl Kanefsky. An exception can be made in an emergency situation, he said, but then a retroactive court order must be obtained within two days.
"On balance, (the attorney general) believes that having a tool that legally, and with appropriate court oversight, helps locate criminals is better than not having it," Kanefsky said.
“Police are usually sworn to secrecy as to its existence.”Dade Werb, Delaware Public Defender’s Office
But no records exist of warrants that mention cell-site simulators, according to the FOIA response sent by the Delaware State Police. In her letter to Coupe, Hess said that if police obtain search warrants, they must not disclose that any Harris Corp. made cell-site simulators are being used.
In September, the U.S. Department of Justice said federal law enforcement officers must obtain a warrant before using a Stingray-type mechanism, and they cannot use them to read texts, emails, contact lists or view images. However, the policy applies only to federal agencies, and not to state and local police.
“With the issuance of this policy, the Department of Justice reaffirms its commitment to hold itself to the highest standards,” Deputy Attorney General Sally Quillian Yates said in a statement.
Tack-Hooper, the ACLU lawyer, said more steps and additional transparency are needed in Delaware, especially regarding warrants. Without a record, he said, authorities could monitor anyone they disliked or disagreed with.Buy Photo
Ryan Tack-Hooper, an attorney for the ACLU of Delaware, speaks about Stingray technology at the group's offices on Feb. 11. The organization is raising concerns about how the devices are being used by law enforcement. (Photo: DANIEL SATO/THE NEWS JOURNAL)
On Wednesday, he announced that the ACLU would continue its battle with state police for the release of more records, including the model names redacted from the Harris purchase orders.
“Our position is less that we do not want them to use these devices, it’s to know how they use them,” he said.
Miliefsky expects that this is just the beginning of such technology being used nationally – and the ethical questions that will be raised.
“I don’t want to say exponential,” he said, “but you’re going to see growth in the battle between civil libertarians and police.”
Contact Karl Baker at (302) 324-2329 or [email protected] Follow him on twitter @kbaker6.
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