FBI clarifies rules on secretive cellphone-tracking devices

In a handful of criminal cases around the country, local police officers have testified in recent months that non-disclosure agreements with the FBI forbid them from acknowledging the use of secret cellphone-tracking devices. In some, prosecutors have settled cases rather than risk revealing sensitive details about use of the devices in court proceedings. The FBI, however, says such agreements do not prevent police from disclosing that they used the equipment, often called a StingRay. And only as a “last resort” would the FBI require state and local law enforcement to drop criminal cases rather than sharing details of the devices’ use and “compromising the future use of the technique.” To date, the bureau hasn’t invoked that provision, FBI spokesman Christopher Allen said. The disclosure sheds new light on the bureau’s policy on the controversial technology following months of reports about the growing use of the devices by state and local police without the express approval of judges. It also comes as the Justice Department is finalizing a review of federal law enforcement agencies’ use of the devices.