Wednesday, March 4, 2015
FAIRFIELD-SUISUN, CALIFORNIA
99 CENTS

US pushing local cops to stay mum on surveillance

By
From page A12 | June 13, 2014 |

WASHINGTON — The Obama administration has been quietly advising local police not to disclose details about surveillance technology they are using to sweep up basic cellphone data from entire neighborhoods, The Associated Press has learned.

Citing security reasons, the U.S. has intervened in routine state public records cases and criminal trials regarding use of the technology. This has resulted in police departments withholding materials or heavily censoring documents in rare instances when they disclose any about the purchase and use of such powerful surveillance equipment.

Federal involvement in local open records proceedings is unusual. It comes at a time when President Barack Obama has said he welcomes a debate on government surveillance and called for more transparency about spying in the wake of disclosures about classified federal surveillance programs.

One well-known type of this surveillance equipment is known as a Stingray, an innovative way for law enforcement to track cellphones used by suspects and gather evidence. The equipment tricks cellphones into identifying some of their owners’ account information, like a unique subscriber number, and transmitting data to police as if it were a phone company’s tower. That allows police to obtain cellphone information without having to ask for help from service providers, such as Verizon or AT&T, and can locate a phone without the user even making a call or sending a text message.

But without more details about how the technology works and under what circumstances it’s used, it’s unclear whether the technology might violate a person’s constitutional rights or whether it’s a good investment of taxpayer dollars.

Interviews, court records and public-records requests show the Obama administration is asking agencies to withhold common information about the equipment, such as how the technology is used and how to turn it on. That pushback has come in the form of FBI affidavits and consultation in local criminal cases.

“These extreme secrecy efforts are in relation to very controversial, local government surveillance practices using highly invasive technology,” said Nathan Freed Wessler, a staff attorney with the American Civil Liberties Union, which has fought for the release of these types of records. “If public participation means anything, people should have the facts about what the government is doing to them.”

Harris Corp., a key manufacturer of this equipment, built a secrecy element into its authorization agreement with the Federal Communications Commission in 2011. That authorization has an unusual requirement: that local law enforcement “coordinate with the FBI the acquisition and use of the equipment.” Companies like Harris need FCC authorization in order to sell wireless equipment that could interfere with radio frequencies.

A spokesman from Harris Corp. said the company will not discuss its products for the Defense Department and law enforcement agencies, although public filings showed government sales of communications systems such as the Stingray accounted for nearly one-third of its $5 billion in revenue. “As a government contractor, our solutions are regulated and their use is restricted,” spokesman Jim Burke said.

Local police agencies have been denying access to records about this surveillance equipment under state public records laws. Agencies in San Diego, Chicago and Oakland County, Michigan, for instance, declined to tell the AP what devices they purchased, how much they cost and with whom they shared information. San Diego police released a heavily censored purchasing document. Oakland officials said police-secrecy exemptions and attorney-client privilege keep their hands tied. It was unclear whether the Obama administration interfered in the AP requests.

“It’s troubling to think the FBI can just trump the state’s open records law,” said Ginger McCall, director of the open government project at the Electronic Privacy Information Center. McCall suspects the surveillance would not pass constitutional muster.

“The vast amount of information it sweeps in is totally irrelevant to the investigation,” she said.

A court case challenging the public release of information from the Tucson Police Department includes an affidavit from an FBI special agent, Bradley Morrison, who said the disclosure would “result in the FBI’s inability to protect the public from terrorism and other criminal activity because through public disclosures, this technology has been rendered essentially useless for future investigations.”

Morrison said revealing any information about the technology would violate a federal homeland security law about information-sharing and arms-control laws — legal arguments that that outside lawyers and transparency experts said are specious and don’t comport with court cases on the U.S. Freedom of Information Act.

The FBI did not answer questions about its role in states’ open records proceedings.

But a former Justice Department official said the federal government should be making this argument in federal court, not a state level where different public records laws apply.

“The federal government appears to be attempting to assert a federal interest in the information being sought, but it’s going about it the wrong way,” said Dan Metcalfe, the former director of the Justice Department’s office of information and privacy. Currently Metcalfe is the executive director of American University’s law school Collaboration on Government Secrecy project.

A criminal case in Tallahassee cites the same homeland security laws in Morrison’s affidavit, court records show, and prosecutors told the court they consulted with the FBI to keep portions of a transcript sealed. That transcript, released earlier this month, revealed that Stingrays “force” cellphones to register their location and identifying information with the police device and enables officers to track calls whenever the phone is on.

One law enforcement official familiar with the Tucson lawsuit, who spoke on condition of anonymity because the official was not authorized to speak about internal discussions, said federal lawyers told Tucson police they couldn’t hand over a PowerPoint presentation made by local officers about how to operate the Stingray device. Federal officials forwarded Morrison’s affidavit for use in the Tucson police department’s reply to the lawsuit, rather than requesting the case be moved to federal court.

In Sarasota, Florida, the U.S. Marshals Service confiscated local records on the use of the surveillance equipment, removing the documents from the reach of Florida’s expansive open-records law after the ACLU asked under Florida law to see the documents. The ACLU has asked a judge to intervene. The Marshals Service said it deputized the officer as a federal agent and therefore the records weren’t accessible under Florida law.

 

The Associated Press

The Associated Press

LEAVE A COMMENT

Discussion | 8 comments

The Daily Republic does not necessarily condone the comments here, nor does it review every post. Read our full policy

  • BobJune 13, 2014 - 8:16 am

    Great this makes for transparent government. One more group of dangerous people with guns to worry about listening to our private conversations and reacting to them. Are we dangerous? Apparently. This kind of report really makes me wish I hadn't voted for him, he turned into a real jerk and liar. He has made us the laughing stock of the world he can't do anything right, Benghazi, called back the fighters, is just one among many lies he's told us we impeached Bill what's holding us back on impeaching Barack? I'm thinking even the blacks agree on this one, he hasn't helped them one bit only embarrassed them

    Reply | Report abusive comment
  • CD BrooksJune 13, 2014 - 8:34 am

    Bob, impeach for what charge? What lies can you verify? Are you ware of circumstances changing and security information? How has he made us a "laughing stock" to the world? And in your own words please, how has the president embarrassed black people? Your FOX-isms are piling up.

    Reply | Report abusive comment
  • CD BrooksJune 13, 2014 - 8:49 am

    Beautiful day for a ride. I'll have to catch your witty responses later. You all have a really great day! :)

    Reply | Report abusive comment
  • CD BrooksJune 13, 2014 - 3:49 pm

    Bob??

    Reply | Report abusive comment
  • JimboJune 13, 2014 - 2:09 pm

    Very telling how not a peep of blame about how all this surveillance was started under President Obama's predecessor.

    Reply | Report abusive comment
  • rlw895June 13, 2014 - 2:25 pm

    Bob: You voted for Obama, now you want to impeach him? You expect us to believe that? OK, let's say we do. Why did you vote for him in the first place? Has it occurred to you that the reason we even have this story in the press is because this administration is more transparent that the last one, the one that started it all? That doesn't make the Obama administration "the most transparent in history," but it does make it an essential break from our recent past and a step in the right direction. As long as Americans are fearful, our rights are in danger. There is more than one way to reduce fear. One is to reduce the real sources of fear, the real threats. Another is to get people to examine their irrational fears that shouldn't even exist. Obama has worked on reducing both types of fear. In contrast, Bush/Cheney fueled both.

    Reply | Report abusive comment
  • JimboJune 13, 2014 - 2:06 pm

    Modern day McCarthyism. Nothing less.

    Reply | Report abusive comment
  • rlw895June 13, 2014 - 2:27 pm

    In what way?

    Reply | Report abusive comment
  • Recent Articles

  • Enter your email address to subscribe and receive notifications of new posts by email.

  • .

    Solano News

     
    County honors Meadows Trigueiro as Woman of the Year

    By Kevin W. Green | From Page: A1 | Gallery

    Police shut down Fairfield street after shooting

    By Glen Faison | From Page: A1, 4 Comments | Gallery

     
    Celebrity chef motivates Armijo students

    By Susan Winlow | From Page: A2 | Gallery

     
    State schedules work on Highway 12

    By Kevin W. Green | From Page: A4

     
    Bridge work to shut down Highway 12 east of Rio Vista

    By Kevin W. Green | From Page: A4

    Highway 12 Association to meet this month

    By Kevin W. Green | From Page: A4

     
    Caltrans reschedules work on J-Mack Ferry

    By Kevin W. Green | From Page: A4

     
    Supervisors move ahead with flood planning effort

    By Kevin W. Green | From Page: A5

     
     
    Robots, raucous businessmen set to arrive on big screen

    By Amy Maginnis-Honey | From Page: A7

    Suisun water rate increase public meetings to begin

    By Ian Thompson | From Page: A9

     
    Teen hit by SUV remains in hospital

    By Glen Faison | From Page: A9

    College looks at Measure Q project changes

    By Susan Winlow | From Page: A9

     
     
     
    Fairfield police log: March 2, 2015

    By Susan Hiland | From Page: A12, 1 Comment

    Fairfield police log: March 1, 2015

    By Susan Hiland | From Page: A12

     
    Fairfield police log: Feb. 28, 2015

    By Susan Hiland | From Page: A12

    Suisun police log: March 2, 2015

    By Susan Hiland | From Page: A12

     
    Suisun City police log: March 1, 2015

    By Susan Hiland | From Page: A12

    Suisun City police log: Feb. 28, 2015

    By Susan Hiland | From Page: A12

     
    Enrollment of non-residents to be capped at some UC campuses

    By The Associated Press | From Page: A13

    .

    US / World

    California survey finds Sierra snowpack far below normal

    By The Associated Press | From Page: A1

     
    California shuts down oil wells to protect ground water

    By The Associated Press | From Page: A10

    Ex-CIA chief admits sharing military secrets with mistress

    By The Associated Press | From Page: A12 | Gallery

     
    India orders TV stations not to give rapist a platform

    By The Associated Press | From Page: A13

    Health officials perplexed by vaccination skeptics

    By The Associated Press | From Page: A13

     
    Lawmakers taking another crack at expanding gun checks

    By The Associated Press | From Page: A13

    California lawmakers show wide discrepancy in missed votes

    By The Associated Press | From Page: A13

     
    Agents target industry helping Chinese women have US babies

    By The Associated Press | From Page: A13 | Gallery

    Family of girl declared brain-dead sues Oakland hospital

    By The Associated Press | From Page: A13

     
    US marshals say man killed by Los Angeles police was wanted

    By The Associated Press | From Page: A13, 2 Comments | Gallery

    72 passengers reach settlements in Asiana crash

    By The Associated Press | From Page: A13

     
    Netanyahu warns US ‘bad deal’ would put Iran on nuclear path

    By The Associated Press | From Page: A13

    Congress sends Homeland bill to Obama without conditions

    By The Associated Press | From Page: A13

     
    Mines, bombs slow Iraqi advance on Islamic State-held Tikrit

    By The Associated Press | From Page: A13

    .

    Opinion

     
    Israelis worry about inequality, not Iran

    By Daniel Gordis | From Page: A11, 2 Comments

     
    Editorial cartoon: March 3-4, 2015

    By Daily Republic Syndicated Content | From Page: A11

    Minority outreach that works

    By Jennifer Rubin | From Page: A11, 2 Comments

     
    .

    Living

    Today in History: March 4, 2015

    By The Associated Press | From Page: A2

     
    Community Calendar: March 4, 2015

    By Susan Hiland | From Page: A2

    Mushrooms are nutrient-packed, with a deep, savory flavor

    By The Washington Post | From Page: B5

     
    Get ready to add white to the rainbow of produce you eat

    By The Associated Press | From Page: B5

     
    Horoscopes: March 4, 2015

    By Holiday Mathis | From Page: B7

    My husband and I want different things in our retirement

    By Kathy Mitchell and Marcy Sugar | From Page: B7

     
    .

    Entertainment

    Apollo to celebrate Holiday birthday

    By The Associated Press | From Page: A7

     
    Oprah’s Chicago studios to close down

    By The Associated Press | From Page: A7

    Fashion week moves Milan to Paris

    By The Associated Press | From Page: A7

     
    TVGrid

    By Daily Republic Syndicated Content | From Page: A8

    .

    Sports

    Bumgarner hit hard in spring debut, A’s beat Giants 9-4

    By The Associated Press | From Page: B1

     
     
    Vanden girls roll, advance to SJS championship game

    By Marcus Lomtong | From Page: B1

    No ‘floating rubbish’ collection for Olympic sailing venue

    By The Associated Press | From Page: B2

     
    Cal senior Reshanda Gray named Pac-12 Player of the Year

    By The Associated Press | From Page: B2

    Rudy Gay, Kings hand Knicks worst loss of season, 124-86

    By The Associated Press | From Page: B2

     
    Cubs’ scramble on Wrigley Field hits bump when mayor balks

    By The Associated Press | From Page: B2

    Raiders officially release S Tyvon Branch

    By The Associated Press | From Page: B2

     
    Trooper: Fingerprints show victim in Hernandez’s rented car

    By The Associated Press | From Page: B2

     
    Play ball! Quickly! Baseball tries to speed game this spring

    By The Associated Press | From Page: B2

    Australian rugby star Hayne signs 3-year deal with 49ers

    By The Associated Press | From Page: B2

     
    Maid: Hernandez messed with security camera after killing

    By The Associated Press | From Page: B2

    Pacquiao big hit so far in Vegas sports books vs Mayweather

    By The Associated Press | From Page: B2

     
    Kings bring back former player Divac in front-office role

    By The Associated Press | From Page: B2

    .

    Business

    Oil glut could soon lead to plummeting prices

    By The Associated Press | From Page: A8

     
    .

    Obituaries

    Garland (Curly) Henry Tackett

    By Nancy Green | From Page: A4

     
    Otto Vasak

    By Nancy Green | From Page: A4

    John Henry Fechter, Jr.

    By Susan Hiland | From Page: A4

     
    Jacqueline Mendes

    By Nancy Green | From Page: A4

    Robert C. Thierry

    By Nancy Green | From Page: A4

     
    .

    Comics

    Garfield

    By Daily Republic Syndicated Content | From Page: B6

     
    Frank and Ernest

    By Daily Republic Syndicated Content | From Page: B6

    Blondie

    By Daily Republic Syndicated Content | From Page: B6

     
    Pickles

    By Daily Republic Syndicated Content | From Page: B6

    Zits

    By Daily Republic Syndicated Content | From Page: B6

     
    Beetle Bailey

    By Daily Republic Syndicated Content | From Page: B6

    Rose is Rose

    By Daily Republic Syndicated Content | From Page: B6

     
    Dilbert

    By Daily Republic Syndicated Content | From Page: B6

    Get Fuzzy

    By Daily Republic Syndicated Content | From Page: B6

     
    B.C.

    By Daily Republic Syndicated Content | From Page: B6

    Peanuts

    By Daily Republic Syndicated Content | From Page: B6

     
    For Better or Worse

    By Daily Republic Syndicated Content | From Page: B6

    Sally Forth

    By Daily Republic Syndicated Content | From Page: B6

     
    Wizard of Id

    By Daily Republic Syndicated Content | From Page: B6

    Baby Blues

    By Daily Republic Syndicated Content | From Page: B6

     
    Baldo

    By Daily Republic Syndicated Content | From Page: B6

    Bridge

    By Daily Republic Syndicated Content | From Page: B7

     
    Word Sleuth

    By Daily Republic Syndicated Content | From Page: B7

    Cryptoquote

    By Daily Republic Syndicated Content | From Page: B7

     
    Sudoku

    By Daily Republic Syndicated Content | From Page: B7

    Crossword

    By Daily Republic Syndicated Content | From Page: B7