Device used to trick cellphones into revealing location raises legal issue, lawmaker says

An electronic device that tricks cellphones into revealing a user's location is becoming a key weapon for law enforcement in its battle against drug traffickers, terror suspects and other dangerous criminals -- but its potential misuse against innocent Americans and the secrecy surrounding which agencies have the devices is of growing concern by civil liberties watchdogs and lawmakers.

Cellular site simulators — known as "StingRay tracking" — basically are fake cell towers that use digital signals to trick a cellphone into revealing its location and other information. Law enforcement typically places the device near the location of a known suspect -- but they also have been used at large gatherings such as rallies, where the digital information of hundreds, even thousands, is scooped up.

When it comes to crimes unrelated to the intended purpose of the simulators, Bederow said, "Police acting lawfully are not required to avert their eyes or ears to criminal activity that occurs in their presence."

Meanwhile, the secrecy behind the use of stingray devices extends to the manufacturers. Scientific American reported last year that Harris Corp. of Melbourne, Fla., a major manufacturer of the devices, petitioned the FCC to block Freedom of Information Act requests for detailed information about the devices. Harris reportedly also requires local agencies to sign non-disclosure agreements before allowing them to use their equipment.

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