Tag Archives: ACLU

Welcome to your new police state

I can’t tell you what we are doing because I signed a non-disclosure agreement

The issue led to a public dispute three weeks ago in Silicon Valley, where a sheriff asked county officials to spend $502,000 on the technology. The Santa Clara County sheriff, Laurie Smith, said the technology allowed for locating cellphones — belonging to, say, terrorists or a missing person. But when asked for details, she offered no technical specifications and acknowledged she had not seen a product demonstration.
Buying the technology, she said, required the signing of a nondisclosure agreement.
“So, just to be clear,” Joe Simitian, a county supervisor, said, “we are being asked to spend $500,000 of taxpayers’ money and $42,000 a year thereafter for a product for the name brand which we are not sure of, a product we have not seen, a demonstration we don’t have, and we have a nondisclosure requirement as a precondition. You want us to vote and spend money,” he continued, but “you can’t tell us more about it.”
The technology goes by various names, including StingRay, KingFish or, generically, cell site simulator. It is a rectangular device, small enough to fit into a suitcase, that intercepts a cellphone signal by acting like a cellphone tower.
The technology can also capture texts, calls, emails and other data, and prosecutors have received court approval to use it for such purposes.
Cell site simulators are catching on while law enforcement officials are adding other digital tools, like video cameras, license-plate readers, drones, programs that scan billions of phone records and gunshot detection sensors. Some of those tools have invited resistance from municipalities and legislators on privacy grounds.
The nondisclosure agreements for the cell site simulators are overseen by the Federal Bureau of Investigation and typically involve the Harris Corporation, a multibillion-dollar defense contractor and a maker of the technology. What has opponents particularly concerned about StingRay is that the technology, unlike other phone surveillance methods, can also scan all the cellphones in the area where it is being used, not just the target phone.

Wired Magazine named Harris Corporation the number 2 most dangerous thing on the internet right now.

The Harris Corporation and the U.S. Marshals Service are tied for going above and beyond to conceal information from the public, courts and defendants about law enforcement’s use of so-called stingray technology. Harris is the leading maker of stingrays for law enforcement, which simulate a cell tower to trick mobile phones and other devices into connecting to them and revealing their location. Federal and local law enforcement agencies around the county have been using the devices for years—in some cases bypassing courts altogether to use them without a warrant or deceiving judges about what they’re using to collect the location information. Why? They say it’s because Harris’s contract includes an NDA that prohibits customers from telling anyone, including judges, about their use of the technology. It’s hard to know who’s really initiating the secrecy, though—Harris, because it wants to protect its proprietary secrets from competitors, or law enforcement agencies, because they’re worried suspects will find ways to counteract the devices. The secrecy reached an extreme level this year when agents with the U.S. Marshals Service in Florida swooped in to seize public records about the use of stingrays to keep them out of the hands of the ACLU.

Ohio courts jailing the poor

At least the Ohio Supreme Court is working at fixing this

Several courts in Ohio are illegally jailing people because they are too poor to pay their debts and often deny defendants a hearing to determine if they’re financially capable of paying what they owe, according to an investigation released Thursday by the Ohio chapter of the American Civil Liberties Union.

The ACLU likens the problem to modern-day debtors’ prisons. Jailing people for debt pushes poor defendants farther into poverty and costs counties more than the actual debt because of the cost of arresting and incarcerating individuals, the report said.

“The use of debtors’ prison is an outdated and destructive practice that has wreaked havoc upon the lives of those profiled in this report and thousands of others throughout Ohio,” the report said.

Chief Justice Maureen O’Connor of the Ohio Supreme Court, responding to the ACLU’s request to take action, promised to review the findings. O’Connor told the group in a letter Wednesday: “you do cite a matter that can and must receive further attention.”

The report says courts in Huron, Cuyahoga, and Erie counties are among the worst offenders.

Among the report’s findings:

— In the second half of last year, more than one in every five of all bookings in the Huron County jail — originating from Norwalk Municipal Court cases — involved a failure to pay fines.

— In suburban Cleveland, Parma Municipal Court jailed at least 45 defendants for failure to pay fines and costs between July 15 and August 31, 2012.

— During the same period, Sandusky Municipal Court jailed at least 75 people for similar charges.

Judge Deanna O’Donnell of Parma Municipal Court said Thursday the court was unaware of the issue until contacted earlier this week by the ACLU. She said officials were examining the 45 cases in question.

“If there’s an issue here, a problem, we’re going to correct it,” O’Donnell said.

There is a certain kind of evil behind doing this and while you have to be glad that this is being changed, you have to wonder why this was happening in the first place.