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A group of skeptics from around the country joined forces on the initiative: they dubbed themselves theFREEDOM OF INFORMATION and FREEDOM FROM SPYING ADVISORS. For the next few years, the group gathered information about the various devices in operation across the country, and tested the devices in an attempt to shed light on their true functionality. Their findings, as detailed in a confidential report justpublished, are controversial: other than being a vital tool for terrorism investigations, stingrays are useful for a wide variety of law enforcement investigations. There are also problems with the devices that can lead to unreasonable searches and a lack of privacy. The paper and reports show that various agencies are using the devices in a variety of ways, including without warrants, which could constitutea violation of constitutional protections against illegal search and seizure. According to Freedom of Information Act requests, departments around the country have deployed stingrays, or cell-site simulators, about 4,500 times in violation of at least one court order or policy that directly addresses the technology. Police rarely, if ever, need a warrant to search a suspect via stingray surveillance, and in some cases, as many as 20 people could be searched at once. These applications are often made without the proper documentation, including court orders, indicating any suspicious activity at all. Of the 4,500 uses, just over 300 were related to terrorism investigations, with at least two dozen more in the pipeline. The devices have also been used almost 3,000 times in investigations involving narcotics, with no evidence of any high-level drug kingpins using their cellphones as much as normal people do. As the records reveal, state agencies have managed to find a way to justify the warrantless surveillance without being found out or even being questioned by local news organizations or the public. That makes it easier to continue to violate the privacy of individuals without repercussion, even after the revelations that were the initial impetus for the investigation. By keeping the devices and their actions secret, though, police agencies can keep pushing the limits of secret surveillance to even more abusive extremes. In general, police can deploy stingrays without users knowing that they are being watched, and without warrants.
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