Federal Judge: Stingrays are “simply too powerful” without adequate oversight

A federal judge in Illinois has recently taken the unusual step of issuing three new stringent requirements for the government when it wants to deploy cell-site simulators. The move aims to protect the Fourth Amendment rights of innocent bystanders against unreasonable search and seizure. Of course, for now, this order only applies to this one judge in the Northern District of Illinois. These new stingray requirements come just about a month after the Department of Homeland Security imposed its own warrant requirement, following a similar move by the Department of Justice. Not only can stingrays be used to determine location by spoofing a cell tower, but they can also be used to intercept calls and text messages. Once deployed, the devices intercept data from a target phone as well as information from other phones within the vicinity.

As part of an ongoing drug case, US Magistrate Judge Iain Johnston told prosecutors recently that they will now have to fulfill three distinct requirements before he will sign off on the use of the invasive surveillance devices, as a way to protect the privacy of those who happened to be near a surveillance target. The memorandum opinion came down earlier in Nov as part of a largely sealed ongoing drug investigation, the details of which the judge described as "unsurprising." What is surprising is Judge Johnston’s order to compel government investigators to not only obtain a warrant (which he acknowledges they do in this case), but also to not use them when "an inordinate number of innocent third parties’ information will be collected," such as at a public sporting event.