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Federal authorities used a fake Verizon cellphone tower to zero in on a suspect’s wireless card, and say they were perfectly within their rights to do so, even without a warrant.
But the feds don’t seem to want that legal logic challenged in court by the alleged identity thief they nabbed using the spoofing device, known generically as a stingray. So the government is telling a court for the first time that spoofing a legitimate wireless tower in order to conduct surveillance could be considered a search under the Fourth Amendment in this particular case, and that its use was legal, thanks to a court order and warrant that investigators used to get similar location data from Verizon’s own towers.
The government is likely using the argument to avoid a court showdown that might reveal how stingrays work and open debate into the tool’s legality.
Stingrays spoof a legitimate cellphone tower in order to trick nearby cellphones and other wireless communication devices into connecting to the tower, as they would to a real cellphone tower. When devices connect, stingrays can see and record their unique ID numbers and traffic data, as well as information that points to a device’s location. To prevent detection by suspects, the stingray sends the data to a real tower so that traffic continues to flow.
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Joe wrote: Doesn't sound like the courts and laws are keeping up with the technology. The key issues should be a search warrant requirement and filtering out other data that is not from the suspect. Every internet connected device has a unique hardware MAC address, not sure about cell phones.
Since you are the Towermonkey, maybe you can climb up one of these fake towers and get the real scoop and report back!
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SS109 wrote: I heard that the Feds can listen in on your mobile phone even if you have it turned off. True?
It is getting hard to be a criminal these days.
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