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Chaffetz bills would outlaw warrantless stingray use
Federal Computer Week ^ | 2/17/17 | Chase Gunter

Posted on 02/18/2017 7:01:30 AM PST by markomalley

House Oversight and Government Reform Committee chairman Jason Chaffetz (R-Utah) has introduced two bills to restrict law enforcement use of technologies capable of tracking users via their cell phones.

Cell-site simulators, known by the trade name "stingrays," emulate cellular network towers to collect mobile phone data, and are used by some government agencies to determine geolocation of user devices.

The Cell Location Privacy Act would require all domestic law enforcement to obtain a probable cause warrant before using cell-site simulators, permitting exceptions for foreign intelligence surveillance and "exigent circumstances"

Similarly, but more broadly, the Geolocation Privacy and Surveillance Act, which Chaffetz and Sen. Ron Wyden (D-Ore.) introduced to their respective chambers in the 114th Congress, would establish a legal framework that governs the use of geolocation technologies, by law enforcement and non-government entities alike.

(Excerpt) Read more at fcw.com ...


TOPICS: Constitution/Conservatism; Government
KEYWORDS:
Good.
1 posted on 02/18/2017 7:01:30 AM PST by markomalley
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To: markomalley

He’s really pissing the Establishment off - first he decides it’s more important to investigate the illegal, treasonous leakers than to investigate Flynn, and now this....


2 posted on 02/18/2017 7:07:54 AM PST by trebb (Where in the the hell has my country gone?)
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To: markomalley

I clicked on this, interested to see how people are using vicious fish, since I never heard of such a thing. I am disappointed.

While it seems that preventing the tracking of people by the GPS in their phones is a good thing, I wonder about unintended consequences. What if someone is lost, even kidnapped, and the police have to obtain a warrant before they can track the person’s cell phone? Couldn’t such a delay result in the loss of life?


3 posted on 02/18/2017 7:08:26 AM PST by exDemMom (Current visual of the hole the US continues to dig itself into: http://www.usdebtclock.org/)
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To: exDemMom

Those might fall under the definition of exigent circumstances.


4 posted on 02/18/2017 7:12:35 AM PST by kosciusko51
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To: markomalley

Without SEVERE CRIMINAL PENALTIES it is a worthless piece of legislation. Make it a FELONY punishable by a MANDATORY 20 years to Life to use it without a warrant or to Make Deliberate False or Misleading statements to get a Warrant for it’s use. Maybe, just maybe it would do some good.


5 posted on 02/18/2017 7:13:08 AM PST by eyeamok (destruction of government records.)
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To: eyeamok
“Without SEVERE CRIMINAL PENALTIES it is a worthless piece of legislation.”

Yeah, because we all know just how effective at curbing telemarketers the “DO NOT CALL” laws have been. I have more “blocked caller” contacts in my iPhone than I have legitimate numbers. And now I am finding when I try to trace the number back, they often come us as “unidentifiable.”

6 posted on 02/18/2017 7:22:15 AM PST by vette6387
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To: exDemMom
What if someone is lost, even kidnapped, and the police have to obtain a warrant before they can track the person’s cell phone? Couldn’t such a delay result in the loss of life?

They can get location from the phone company without a warrant, just a court order (easy and fast). Granted using the stingray would not even require that, but that assumes the stingray is in the same location as the perp whereas the perp will be found anywhere using the court order.

The real reason they want to keep the stingray is to use it to capture call data, record some calls, and even do man-in-the-middle attacks on phones allowing them to install whatever software they want on people's (i.e. suspects) phones.

7 posted on 02/18/2017 7:24:12 AM PST by palmer (turn into nonpaper w no identifying heading and send nonsecure)
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To: vette6387

“DO NOT CALL” laws

Yeah I understand, when I signed up to the DO NOT CALL list, i was immediately inundated with telemarketing calls, never did it again and haven’t had a call in YEARS


8 posted on 02/18/2017 7:26:03 AM PST by eyeamok (destruction of government records.)
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To: markomalley; COUNTrecount; Nowhere Man; FightThePower!; C. Edmund Wright; jacob allen; ...
;

At no point in history has any government ever wanted its people to be defenseless for any good reason ~ nully's son

The biggest killer of mankind

Nut-job Conspiracy Theory Ping!

To get onto The Nut-job Conspiracy Theory Ping List you must threaten to report me to the Mods if I don't add you to the list...


9 posted on 02/18/2017 7:52:49 AM PST by null and void (Trump's critics have evolved from expecting Trump to be Hitler to preferring it.)
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To: null and void

Best movie EVER !!!!!

.


10 posted on 02/18/2017 7:55:20 AM PST by Mears
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To: markomalley
This is either going to happen via Congress or the courts. Congress would be much faster.

The propensity of Feds for unbridled use of new tech baffles me. In the absence of clear legal guidance, one should default to a conservative approach and get the warrant. The DOJ seems to do the opposite. They did the same thing with GPS tracking devices, and they got smacked down. Stingray will end up in the courts regardless of this law. Cases will be destroyed as the Stingray use is disallowed and the rest of the case becomes a question of fruit of the poisonous tree.

If it is any consolation, not all operators of Stingray use it in the absence of a warrant. I know several agencies working fugitive cases that put the Stingray usage in their warrant requests.

11 posted on 02/18/2017 8:17:03 AM PST by USNBandit (Sarcasm engaged at all times)
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To: markomalley

Fine, but it’s not like technically competent people with sufficient motivation and resource (e.g. who are being paid very well) can’t create their own tracking/monitoring tools. It’s been done as long as there have been attempts at security - the old adage is “build a better lock and you will motivate a smarter group of lock-pickers”.


12 posted on 02/18/2017 8:20:03 AM PST by bigbob (We have better coverage than Verizon - Can You Hear Us Now?)
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To: exDemMom

I understand your concerns and I have them too. But these things happened before GPS technology. So did pedo rings, drug dealers and terrorists before we began giving away our freedoms in the name of fighting these boogeyman men.I am all for prosecuting and punishinges bad men, but at what cost? We are close to living in a police state in the name or law and order.


13 posted on 02/18/2017 8:21:17 AM PST by 31R1O
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To: 31R1O

Every new technology has both good and bad uses. The GPS technology has the capability of finding lost people and saving lives that was never possible before.

I’m only concerned that in the zeal to protect rights, the good uses of this technology might be negated.


14 posted on 02/18/2017 8:32:00 AM PST by exDemMom (Current visual of the hole the US continues to dig itself into: http://www.usdebtclock.org/)
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To: markomalley
...outlaw warrantless stingray use

Too late for Steve Irwin!

15 posted on 02/18/2017 9:08:14 AM PST by Moltke (Reasoning with a liberal is like watering a rock in the hope to grow a building)
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To: null and void

Devil is always in the details


16 posted on 02/18/2017 9:18:04 AM PST by Nifster (I see puppy dogs in the clouds)
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To: markomalley

Too late to save Steve Irwin.


17 posted on 02/18/2017 1:49:20 PM PST by TigersEye (Winning. Winning winning winning every day!!!)
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To: Moltke

Dang it! You beat me by five hours.


18 posted on 02/18/2017 1:51:08 PM PST by TigersEye (Winning. Winning winning winning every day!!!)
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To: TigersEye

Heh. Can’t help but think of poor Steve when I see stingrays mentioned...


19 posted on 02/19/2017 4:21:38 AM PST by Moltke (Reasoning with a liberal is like watering a rock in the hope to grow a building)
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