Law Enforcement Use Stingray Tracking Equipment

The ACLU and Electronic Frontier Foundation have filed an amicus brief in what will be the first case in the country to address the constitutional implications of a so-called “stingray,” a little known device that can be used to track a suspect’s location and engage in other types of surveillance. We argue that if the government wants to use invasive surveillance technology like this, it must explain the technology to the courts so they can perform their judicial oversight function as required by the Constitution.

The case is highly significant for two reasons. First, it shows that the government is using new types of technology—not just GPS and cell site location records—to track location. Second, it shows that the government is going to great lengths to keep its surveillance practices secret. The government is hiding information about new surveillance technology not only from the public, but even from the courts. By keeping courts in the dark about new technologies, the government is essentially seeking to write its own search warrants. That’s not how the Constitution works.

We filed an amicus brief in the case of Daniel Rigmaiden, who is being criminally prosecuted in federal court in Arizona for allegedly filing fraudulent tax returns. Last fall, the Wall Street Journal reported on the government’s use of the stingray device in Rigmaiden’s case. Stingray is the name of a particular product sold by the Harris Corporation. The more generic term for the device is “IMSI catcher,” in reference to the unique identifier, or International Mobile Subscriber Identity, of wireless devices.

Several aspects about stingrays are important to understand from a privacy perspective.

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