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Columns

The Presumption of Privacy

July 25, 2016 - 4:45pm

It is very common knowledge in America that the federal government has programs in place to to collect citizen’s phone records, as well as many other invasions of our privacy under the guise of the Patriot Act.  What most people are not aware of is the gross abuse of surveillance equipment by law enforcement at all levels of government, up to and including your local police departments.

 The most prevalent, and egregious device used is called the “Stingray.”  Stingray devices simulate cell phone towers and trick our phones into sending our location and data to the police who are using it.  When activated, the device not only steals data off of the phone that is being "targeted," but also off of potentially thousands of phones nearby.  Stingray’s were originally purchased with the intent to be able to find a suspect’s location, but they are being misused every day to steal data off of citizens phones with no oversight and no warrants.
 
There are several additional concerns that stem from the use of these devices. Currently there is no oversight as to which police departments own them, how many they own, and how often they are used.  A single Stingray device costs between $60,000 and $175,000, depending on the department, and quantity sold.  The American Civil Liberties Union has discovered that many departments are using Stingrays without warrants, and using the data collected from them in court as a "confidential informant."  This is a blatant exploitation of our tax dollars, and a direct violation of our Fourth Amendment rights.
 
Some people might not think that this will impact them in any way, if they just do not break the law.  That is simply not true.  Investigations into the use of Stingray devices have shown that local police stations are targeting all sorts of groups for warrant-less surveillance.  These groups include all ends of the political spectrum, from tea party groups, to Black Lives Matter organizations.  Police can, and do, simply drive through subdivisions collecting data to see if there is anything that they consider suspicious.  As Americans, we have a fundamental right to privacy.  That right is being infringed upon daily with the Stingray device.
 
The only way to put an end to this over reach from our government is for everyone to start pressuring our local elected officials to protect our privacy.  Call your local sheriff, your local city council or your mayor’s office and tell them that you demand oversight of the purchase, and use of police surveillance devices like the Stingray.  Let them know that they will not have your vote in the upcoming election unless they pledge to end warrant-less spying on citizens.  

 Zach Garretson is with the Stonegait Institute. He can be reached at  zach@stonegaitinstitute.org.  

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