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A routine request in Florida for public records regarding the use of a surveillance tool known as stingray took an extraordinary turn recently when federal authorities seized the documents before police could release them.

The surprise move by the U.S. Marshals Service stunned the American Civil Liberties Union, which earlier this year filed the public records request with the Sarasota, Florida, police department for information detailing its use of the controversial surveillance tool.

The ACLU had an appointment last Tuesday to review documents pertaining to a case investigated by a Sarasota police detective. But marshals swooped in at the last minute to grab the records, claiming they belong to the U.S. Marshals Service and barring the police from releasing them.

Link

This was Diaried at least once this morning, but...

Since this IS Florida, you just know it's gotta get a bit weirder...

The records sought by the ACLU are important because the organization has learned that a Florida police detective obtained permission to use a stingray simply by filing an application with the court under Florida’s “trap and trace” statute instead of obtaining a probable-cause warrant. Trap and trace orders generally are used to collect information from phone companies about telephone numbers received and called by a specific account. A stingray, however, can track the location of cell phones, including inside private spaces.
A pretty weak argument by the gubmint there, but at least it's an argument...
Recently, the Tallahassee police department revealed it had used stingrays at least 200 times since 2010 without telling any judge because the device’s manufacturer made the police department sign a non-disclosure agreement that police claim prevented them from disclosing use of the device to the courts.
Well, of course an agreement with a company trumps the Constitution, everybody knows THAT.

We need another Snowden to let us know exactly what this thing does (like, can it be used to capture content? Can it capture ALL cells connecting to it at any given time?) and how it's actually being used.

Or maybe John Oliver can just pitch a fit...

Originally posted to The Baculum King on Wed Jun 04, 2014 at 03:05 PM PDT.

Also republished by DKos Florida.

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Comment Preferences

  •  . (42+ / 0-)
    Stingrays track phones by mimicking service providers’ cell towers and sending out powerful signals that trick nearby phones — including phones of countless bystanders — into sending their locations and identifying information.
    See http://www.emptywheel.net/...

    Be the change you want to see in the world. -Gandhi

    by DRo on Wed Jun 04, 2014 at 03:51:56 PM PDT

  •  never imagined a sheep dipping hell but you (3+ / 0-)

    have to figure one ex

    “Conservation… is a positive exercise of skill and insight, not merely a negative exercise of abstinence and caution…” Aldo Leopold

    by ban nock on Wed Jun 04, 2014 at 04:06:57 PM PDT

  •  Well ... I guess some of us are really being (11+ / 0-)

    tracked.  They are going to holler national security SINCE
    a terrorist was planning an attack down here..

    Just how much Koch do Right Wingers want in their life? . United Veterans of America

    by Vetwife on Wed Jun 04, 2014 at 04:18:14 PM PDT

  •  Yes, stingrays can do everything you suggested. (38+ / 0-)

    Here's a bit of background info on the device.

    From the linked article, we read:

    The new surveillance technology is the StingRay (also marketed as Triggerfish, IMSI Catcher, Cell-site Simulator or Digital Analyzer), a sophisticated, portable spy device able to track cell phone signals inside vehicles, homes and insulated buildings. StingRay trackers act as fake cell towers, allowing police investigators to pinpoint location of a targeted wireless mobile by sucking up phone data such as text messages, emails and cell-site information.

    When a suspect makes a phone call, the StingRay tricks the cell into sending its signal back to the police, thus preventing the signal from traveling back to the suspect’s wireless carrier. But not only does StingRay track the targeted cell phone, it also extracts data off potentially thousands of other cell phone users in the area.

    The word "parent" is supposed to be a VERB, people...

    by wesmorgan1 on Wed Jun 04, 2014 at 04:36:04 PM PDT

    •  No Reason They Can't Be Connected (16+ / 0-)

      To a storage device, and lying cops and prosecutors could claim "stingray" didn't record anything, "mudcat" did...

      Strange women lying in ponds distributing swords is no basis for a system of government.

      by The Baculum King on Wed Jun 04, 2014 at 05:43:48 PM PDT

      [ Parent ]

      •  It'd have to be forwarding data (0+ / 0-)

        or there's no conversation to record. So ya need a rebroadcaster as well as data storage. Neither is huge, but this is getting less and less portable.

        If ya wanna record conversations and ya know at least one of the 3s, it's way easier to do it w/ a tap on the hardwired network, not the radio. The tap doesn't need to be portable to get steal conversation- just to determine location in real-time.

        I'm not saying that this couldn't be done, I'm just saying that it's a kinda Rube Goldberg way to do it...

    •  Hang on.... (1+ / 0-)
      Recommended by:
      northsylvania

      "Triggerfish" is cited and discussed in Season Two of "The Wire." Perhaps it's 3 -- the Docks season -- but McNulty and the rest speak of it as being old technology in 2002 that had been surpassed. Also, I think they indicate that the Triggerfish at that time was very limited in range and time.

      "man, proud man,/ Drest in a little brief authority,. . . Plays such fantastic tricks before high heaven/ As make the angels weep; who, with our spleens,/ Would all themselves laugh mortal." -- Shakespeare, Measure for Measure II ii, 117-23

      by The Geogre on Thu Jun 05, 2014 at 05:02:24 AM PDT

      [ Parent ]

      •  You don't think the technology has improved? (2+ / 0-)
        Recommended by:
        Penny GC, shaharazade

        Part of the problem is that the general public can't get the current technical specs for devices like Triggerfish/Stingray.  We use those names because, quite frankly, we don't know how their current incarnations are named.

        Take a look at CNET's "Tech You Loved in 2004"...and compare it to the consumer devices we have in 2014.

        I think it completely reasonable to assume that the behind-the-scenes technology has improved every bit as much as has the stuff you and I can buy.

        The word "parent" is supposed to be a VERB, people...

        by wesmorgan1 on Thu Jun 05, 2014 at 07:58:25 AM PDT

        [ Parent ]

      •  Here's a more recent article... (3+ / 0-)
        Recommended by:
        Penny GC, shaharazade, The Geogre

        from Ars Technica, giving additional details on the current crop of devices.

        The word "parent" is supposed to be a VERB, people...

        by wesmorgan1 on Thu Jun 05, 2014 at 08:02:32 AM PDT

        [ Parent ]

        •  Of course I assume that (0+ / 0-)

          Triggerfish, I was pointing out, was not new tech. If you remember the episodes of "The Wire," McNulty rescued it from the back room, where it had been rusting for lack of use. It could only be used with a warrant and then with a very tight time frame, and that meant, as far as the cops were concerned, it just couldn't be used.

          "The Wire" is about the pre-USA PATRIOT Act days. It is about the pre-warrantless wiretapping days. It is about the days before the laws were changed to make illegal taps legal.

          My point is that, in truth, this stuff has been discussed. The affront remains the same. The equipment shouldn't be what we worry about, when the laws could keep the crap on the shelf. When Democrat does as Republican did, something is far more wrong than a bit of gear.

          "man, proud man,/ Drest in a little brief authority,. . . Plays such fantastic tricks before high heaven/ As make the angels weep; who, with our spleens,/ Would all themselves laugh mortal." -- Shakespeare, Measure for Measure II ii, 117-23

          by The Geogre on Thu Jun 05, 2014 at 10:48:39 AM PDT

          [ Parent ]

        •  Great Ars Technica article N/t (0+ / 0-)

          "man, proud man,/ Drest in a little brief authority,. . . Plays such fantastic tricks before high heaven/ As make the angels weep; who, with our spleens,/ Would all themselves laugh mortal." -- Shakespeare, Measure for Measure II ii, 117-23

          by The Geogre on Thu Jun 05, 2014 at 10:49:28 AM PDT

          [ Parent ]

  •  Yet another fine mess...please keep us informed (11+ / 0-)

    as this develops.  Thank you.

  •  This is price of owing these devices. (5+ / 0-)

    We need them and they have captured audiences.  I don't like this.

    People act on the outside how they feel on the inside. If you acknowledge it, you can change it.

    by Raggedy Ann on Wed Jun 04, 2014 at 05:04:08 PM PDT

    •  We don't NEED them (9+ / 0-)

      we want them........

      I lived lotsa years without a phone on my person.

      I have one but only turn it on once in awhile. Its more like a leash.

      Politics is the entertainment branch of industry. Frank Zappa

      by Da Rock on Wed Jun 04, 2014 at 07:14:59 PM PDT

      [ Parent ]

      •  I got one now (0+ / 0-)

        But it's only cuz my daughter insists on it.  Once she's grown, it'll go back to sitting on the kitchen counter most of the time.

        "Actually, I just like saying Benghazi. Benghazi benghazi benghazi benghazi!" --Rep. Darrell Issa, R-CA

        by jackdabastard on Wed Jun 04, 2014 at 08:52:42 PM PDT

        [ Parent ]

      •  I've long hated phones. They always ring at the (0+ / 0-)

        wrong time.

        This is the country of those three great rights: freedom of conscience, freedom of speech, and the wisdom never to exercise either of them. -- Mark Twain.

        by JJustin on Thu Jun 05, 2014 at 04:39:28 AM PDT

        [ Parent ]

    •  If privacy is the price, we're being price-gouged. (4+ / 0-)
      Recommended by:
      ladybug53, DRo, Creosote, white blitz

      Society has basically created a need for people to have these mobile devices, and now you have to acquiesce to any invasions of your privacy, and you're agreeing to all of that just by having the device which you need... To go with your metaphor, it's seems like it's essentially a form of price-gouging. But instead of gasoline during a storm going for $20 a gallon, it's access to digital technology and you must pay for it with any personal privacy...

      And before you say we don't need these devices, consider that they're considered so crucial to people that the Government was trying to give them out to poor people (so-called "Obamaphones"), and rightfully, so they can connect with employers and other essential services.

      •  They only give those phones to (3+ / 0-)
        Recommended by:
        Creosote, shaharazade, SixSixSix

        People who are on SNAP, SSI, or too poor to buy their own.
        When I qualified for SNAP, IWas able to get one.
        They are worthless, plastic POS, I never even activated it.

        "Americans don't understand that terrorists cannot take away habeas corpus, the Bill of Rights, or the Constitution. Terrorists are not anything like the threat that we face from our own government in the name of fighting terrorism."

        by snoopydawg on Thu Jun 05, 2014 at 12:32:29 AM PDT

        [ Parent ]

        •  They aren't entirely worthless, but they are about (1+ / 0-)
          Recommended by:
          SixSixSix

          as basic -- limited -- as I would guess they can be.  

          A requirement is that one must make phone calls on the thing, but I have a regular phone for that.  The only use I found for it is as "alarm" clock to remind to take whatever medications I'm prescribed at the time.

          They are more a pain in the ass than a use.

          This is the country of those three great rights: freedom of conscience, freedom of speech, and the wisdom never to exercise either of them. -- Mark Twain.

          by JJustin on Thu Jun 05, 2014 at 04:42:56 AM PDT

          [ Parent ]

        •  My point was just that mobile phones/digital (0+ / 0-)

          Devices are pretty important to function in society these days. That's why the government tried to make them available, however shitty, to people who couoldn't afford them.

    •  You needed a cell phone before they existed!? (1+ / 0-)
      Recommended by:
      Heart of the Rockies

      What ever did you do without it!?

      This is the country of those three great rights: freedom of conscience, freedom of speech, and the wisdom never to exercise either of them. -- Mark Twain.

      by JJustin on Thu Jun 05, 2014 at 04:38:37 AM PDT

      [ Parent ]

  •  Sheep-Dippin'? (4+ / 0-)

    I get the feeling I don't want to know.

    "You cannot win improv." Stephen Colbert (https://www.youtube.com/watch?v=m6tiaooiIo0 at 16:24).

    by Publius2008 on Wed Jun 04, 2014 at 05:09:38 PM PDT

  •  How strange and disquieting. Hope they can some- (5+ / 0-)

    how get to the bottom of this.

    "extreme concentration of income is incompatible with real democracy.... the truth is that the whole nature of our society is at stake." Paul Krugman

    by Gorette on Wed Jun 04, 2014 at 05:38:11 PM PDT

  •  Well thats the problem. They act like a cell si... (8+ / 0-)

    Well thats the problem. They act like a cell site. EVERY phone in the vicinity will see that "tower" with the best signal and connect to it. These devices are indiscriminate about the phone calls they are collecting.

  •  "Stingray allows police to point a cell phone... (22+ / 0-)

    (emphasis mine)

    ...signal into  all the houses in a particular neighborhood, searching for one target while sucking up everyone else’s location along with it. With one search the police could potentially invade countless private residences at once.

    Stingrays are particularly odious given they give police dangerous “general warrant” powers, which the founding fathers specifically drafted the Fourth Amendment to prevent. In pre-revolutionary America, British soldiers used “general warrants" as authority to go house-to-house in a particular neighborhood, looking for whatever they please, without specifying an individual or place to be searched.

    The Stingray is the digital equivalent of the pre-revolutionary British soldier...

    •  The Founders did this also -- (0+ / 0-)
      In pre-revolutionary America, British soldiers used “general warrants" as authority to go house-to-house in a particular neighborhood, looking for whatever they please, without specifying an individual or place to be searched.
      I wish "experts" on the Founding era would question the false assumption that there was a radical break in laws and practices between pre- and post-"revolution".

      For one, when the militia -- which has always been an arm of gov't -- relied on privately owned guns, the gov't knew the location of every gun in town, in part to ensure, with periodic inspections, that they were in working order for that purpose.

      For another, they disarmed those who were "disaffected" with the "revolution" (which wasn't actually a "revolution"; it was a civil war):

      An Ordinance Respecting the Arms of Non-Associators.

        Whereas the non-associators in this state have either refused or neglected to deliver up their arms according to the resolves of the honorable Continental Congress and the assembly of Pennsylvania, and effectual measures have not been taken to carry the said resolves into execution:
        [Section I.]  Be it therefore ordained by the authority of this Convention, That the colonel or next officer in command of every band of militia in this state is hereby authorized, empowered and required to collect, receive and take all the arms in his district or township nearest to such officer which are in the hands of non-associators in the most expeditious and effectual manner in his power, and shall give to the owners receipts for such arms, specifying the amount of the appraisement; and such as can be repaired shall with all possible dispatch be rendered fit for service, and the value according to the appraisement of all such arms, together with the repairs and transportation, shall be paid to the officers by the treasurer on the order of the council of safety for the use of the owners and defraying the charges.
        [Section II.]  And be it further ordained, That the same arms shall be appraised by any three reputable freeholders appointed by the commanding officer; but if the owner of any arms shall neglect or refuse to apply for such money within six months the same shall be applied towards the repairs of the arms; and the colonels are hereby authorized to draw for the necessary sums of money for the purposes aforesaid on the council of safety.
        [Section III.]  And it is further ordained, That the colonels aforesaid shall arm the associators with the said arms and keep an account to whom they are delivered and return the same to the council of safety; and every associator shall be answerable for such arms of the value unless lost or destroyed by some unavoidable accident or in actual service.
        [Section IV.]  And be it further ordained, That in case any arms so collected shall not be worth repairing, the same shall be laid by until such time as may be thought proper by the committee of the county to return them to the owners.  

      Passed July 19, 1776.

      Statutes at Large of the State of Pennsylvania, Vol. IX.

      The "Non-Associators" were those who refused or failed to sign the Founders' "oath of loyalty to the Cause" of independence.

      The "Associators" were those who had signed the oath.

      The law was carried out by the militia.

      The weapons seized were given, in order of priority, to the Continental Army, and the militia.

      For another, Massachusetts-Bay enacted a statute criminalizing criticism -- even "in private" -- of the "Declaration of Independence" as misprision of treason.

      None of which facts are a defense of such practices; but the Founders weren't card-carrying Gods Against the Sky ACLU members.

      This is the country of those three great rights: freedom of conscience, freedom of speech, and the wisdom never to exercise either of them. -- Mark Twain.

      by JJustin on Thu Jun 05, 2014 at 04:59:57 AM PDT

      [ Parent ]

      •  They weren't constitutional, either (0+ / 0-)

        The Constitution would not exist for quite a while. They had to go through the Articles of TEA Particy, first.

        "man, proud man,/ Drest in a little brief authority,. . . Plays such fantastic tricks before high heaven/ As make the angels weep; who, with our spleens,/ Would all themselves laugh mortal." -- Shakespeare, Measure for Measure II ii, 117-23

        by The Geogre on Thu Jun 05, 2014 at 06:30:30 AM PDT

        [ Parent ]

        •  Again, learn the legal history: (0+ / 0-)

          Nothing in the Constitution, or Bill of Rights, was exactly new.  The Constitution and Bill of Rights eventuated FROM existing colony/state laws and state constitutions.

          And post-Constitution/Bill of Rights, were the "Alein and Sedition Acts," which some insist were unconstitutional.

          The Founders' had no objection to the British defending the colonies from external threats.  What they objected to was the British claim that it had the authority -- right -- to legislate on domestic issues within the respective colonies.

          That's why all the beefing about "self-gov't".

          This is the country of those three great rights: freedom of conscience, freedom of speech, and the wisdom never to exercise either of them. -- Mark Twain.

          by JJustin on Thu Jun 05, 2014 at 10:44:36 AM PDT

          [ Parent ]

          •  Specious argument and then some (0+ / 0-)

            I don't want to call names, but that argument of yours. . . .

            What's new about the Constitution? What's new about the Constitution is that it's a federal Constitution. What's new is that it subordinates and coordinates the state entities.

            I was trying to agree with you, but when you choose confrontation, I'll have to answer. Making a claim that "the Founders" had an objection to the British ability to legislate on issues within the colonies is bizarre.
            1. You have all of the founders with a single opinion, which is unlikely if not impossible.
            2. You posit the colonies as external to the UK in legal fact when they were not. (The colonies were only colonies under patent and charter granted by the King and thus either were not colonies, but states, or were colonies. States would not grant London the right to legislate anything of theirs. Colonies could not claim their affairs were external to the granting power -- hence Jefferson's "these United States").
            3. The beefing about self government was a winning rhetorical strategy, of course, but Samuel Johnson, among others, could easily point out that it was hypocritical until such a time as the "self" was sufficient. It's one thing to argue Locke for individuals, and another to have a geographical delimiter for thirteen different collections of persons.

            All I said was that the "founding fathers" did not act in accordance with the Bill of Rights because the Bill of Rights belongs to the Constitution, which had not been drafted yet.

            "man, proud man,/ Drest in a little brief authority,. . . Plays such fantastic tricks before high heaven/ As make the angels weep; who, with our spleens,/ Would all themselves laugh mortal." -- Shakespeare, Measure for Measure II ii, 117-23

            by The Geogre on Thu Jun 05, 2014 at 11:00:04 AM PDT

            [ Parent ]

            •  I've been focused on these issues going on (0+ / 0-)

              twenty-five years.

              That includes reading colony law from the beginnings of the colonies, and all the state constitutions, from the first adopted during 1776-77, and 1780.

              The Second Amendment, as example, was drawn from four existing state constitution Militia Clauses.

              What I said is the fact.

              2. You posit the colonies as external to the UK in legal fact when they were not.
              I said nothing of the kind.  But the fact is that the colonies evolved their own legal systems, increasingly divergent from English law (of which they only took what they needed in the first instance).  A fundamental reason was exigent circumstances not existing in England: raw lack of infrastructure, and dealing with Injuns.

              As result they often enacted laws necessary to their contexts, but "repugnant" to English Charter/s and laws; a consequence of that was the revocation of Massachusetts-Bay's first Charter.

              Ultimately the "revolution" (which was actually a civil war) was at core a conflict of laws.  If one actually reads the laws of the colonies, from their respective beginnings, one sees that "independence" was inevitable.

               The accepted legal theory . . . is well known.  It is clearly stated by [Joseph] Story in Van Ness v. Packard, 2 Peters, 144: "The common law of England is not to be taken in all respects to be that of America.  Our ancestors brought with them its general principles, and claimed it as their birth-right; but they brought with them and adopted only that portion which was applicable to their condition." . . .
              English Common Law in the Early American Colonies (Madison, WI: University of Wisconsin, 1899; NY: Gordon Press, 1977), Paul Samuel Reinsch, at 6
               The earliest settlers in many of the colonies made bodies of law, which, from every indication, they considered a complete statement of the needful legal regulations.  Their civilization being primitive, a brief code concerning crimes, torts, and the simplest contracts, in many ways like the dooms of the Anglo-Saxon kings, would be sufficient.  Not only did these codes innovate upon, and depart from the models of the common law, but, in matters not fixed by such codes, there was in the earliest times no reference to that system.  They were left to the discretion of the magistrates.
              Id., at 7.

              And see Americanization of the Common Law: The Impact of Legal Change on Massachusetts Society, 1760-1830 (Athens, GA: The University of Georgia Press, Paperback, 1994), William E. Nelson; The Common Law in Colonial America: Volume I: The Chesapeake and New England, 1607-1660 (NY: Oxford University Press, 2008), William E. Nelson; The Common Law in Colonial America: Volume II: The Middle Colonies and the Carolinas, 1660-1730 (NY: Oxford University Press, 2012), William E. Nelson.  

              From dust-jacket flap of the latter:

              William E. Nelson's first volume of the four volume The Common Law of Colonial America (2008) established a new benchmark for study of colonial-era legal history.  Drawing from both a rich archival base and existing scholarship on the topic, the four volumes will show how the legal systems of Britain's thirteen North American colonies--each of which had unique economies, political structures, and religious institutions--slowly converged into a common law order that differed substantially from English common law.
              There were three eras: the colonial, then the provincial -- this the period during which the Founders were claiming to be colonies, and conducting their "revolution" -- then, with the adoption of constitutions, states.  Before the adoption of constitutions, therewith becoming "states," and while engaged in their "revolution," they referred to themselves as "The United Colonies of America," and were asserting their right to legislate for themselves within the "colonies" (provinces).

              It was the Continental Congress that urged the provinces -- "colonies" -- to adopt constitutions, and amid that process the colonies/states enacted their own versions of this statute, as also urged by the Continental Congress:

              An Ordinance Respecting the Arms of Non-Associators.

                Whereas the non-associators in this state have either refused or neglected to deliver up their arms according to the resolves of the honorable Continental Congress and the assembly of Pennsylvania, and effectual measures have not been taken to carry the said resolves into execution:
                [Section I.]  Be it therefore ordained by the authority of this Convention, That the colonel or next officer in command of every band of militia in this state is hereby authorized, empowered and required to collect, receive and take all the arms in his district or township nearest to such officer which are in the hands of non-associators in the most expeditious and effectual manner in his power, and shall give to the owners receipts for such arms, specifying the amount of the appraisement; and such as can be repaired shall with all possible dispatch be rendered fit for service, and the value according to the appraisement of all such arms, together with the repairs and transportation, shall be paid to the officers by the treasurer on the order of the council of safety for the use of the owners and defraying the charges.
                [Section II.]  And be it further ordained, That the same arms shall be appraised by any three reputable freeholders appointed by the commanding officer; but if the owner of any arms shall neglect or refuse to apply for such money within six months the same shall be applied towards the repairs of the arms; and the colonels are hereby authorized to draw for the necessary sums of money for the purposes aforesaid on the council of safety.
                [Section III.]  And it is further ordained, That the colonels aforesaid shall arm the associators with the said arms and keep an account to whom they are delivered and return the same to the council of safety; and every associator shall be answerable for such arms of the value unless lost or destroyed by some unavoidable accident or in actual service.
                [Section IV.]  And be it further ordained, That in case any arms so collected shall not be worth repairing, the same shall be laid by until such time as may be thought proper by the committee of the county to return them to the owners.  

              Passed July 19, 1776.

              Statutes at Large of the State of Pennsylvania, Vol. IX.

              And that wasn't exactly new either:

              Statutes at Large of Virginia, Vol. VII., March 25, 1756. [35]

                                           CHAP. IV.

              An Act for disarming Papists, and reputed Papists, refusing to take the oaths to the government.

                I.  WHEREAS it is dangerous at this time to permit Papists to be armed.  Be it enacted, by the Lieutenant-Governor, Council, and Burgesses, at this present General Assembly, and it is hereby enacted, by the authority of the same, That it shall, and may be lawful, [36] for any two or more justices of the peace, who shall know, or suspect any person to be a Papist, or shall be informed that any person is, or is suspected to be a Papist, to tender, and they are hereby authorized and required to tender to such person so known, or suspected to be a Papist, the oaths appointed by act of parliament to be taken instead of the oaths of allegiance and supremacy; and if such person, so required, shall refuse to take the said oaths, and subscribe the test, or shall refuse, or forbear to appear before the said justices for the taking the said oaths, and subscribing the said test, upon notice to him given, or left at his usual place of abode, by any person authorised in that behalf, by warrant under the hands and seals of the said two justices, such person from thenceforth shall be taken to be, and is hereby declared to be liable and subject to all and every the penalties, forfeitures, and disabilities hereafter in this act mentioned.
                II.  And be it further enacted, That the said justices of the peace shall certify the name, sirname, and usual place of abode of every person, who being required, shall refuse, or neglect to take the said oaths, and subscribe the said test, or to appear before them for the taking the said oaths, and subscribing the said test, as also of every person,, who shall take the said oaths, and subscribe the said test at the next court to be holden for the county for which they shall be justices of the peace, to be recorded by the clerk of the said
              court, and kept among the records of the said court.
                III.  And for the better securing the lives and properties of his majesty's faithful subjects, Be it further enacted and declared, That no Papist, or reputed Papist so refusing, or making default as aforesaid, shall, or may have, or keep in his house or elsewhere, or in the possession of any other person to his use, or at his disposition, any arms, weapons, gunpowder or ammunition, (other than such necessary weapons as shall be allowed to him, by order of the justices of the peace at their court, for the defence of his house or person) and that any two or more justices of the peace, from time to time, by warrant under their hands and seals, may authorise and impower any person or persons in the day-time, with the assistance of the constables where the search shall be (who is hereby required to be aiding and assisting herein) to search for all arms, weapons, gunpowder nor ammunition, which shall be [37] in the house, custody, or possession of any such Papist, or reputed Papist, and seize the same for the use of his majesty and his successors; which said justices of the peace shall from time to time, at the next court to be held for the county, where such seizure shall be made, deliver the said arms, weapons, gunpowder and ammunition, in open court, for the use aforesaid.
                IV.  And be it further enacted, That every Papist, or reputed Papist, who shall not, within the space of ten days after such refusal, or making default as aforesaid, discover and deliver, or cause to be delivered to some of his majesty's justices of the peace, all arms, weapons, gunpowder or ammunition, which he shall have in his house or elsewhere, or which shall be in the possession of any person to his use, or at his disposition, or shall hinder or disturb any person or persons, authorised by warrant under the hands and seals of any two justices of the peace to search for, and seize the same; that every such person so offending contrary to the act of Assembly in this behalf made, shall be committed to the goal of the county where he shall commit such offence, by warrant under the hands and seals of any two justices of the peace, there to remain without bail or mainprize for the space of three months, and shall also forfeit and lose the said arms, and pay treble the value of them to the use of his majesty and his successors, to be appraised by the justices of the peace at the next court to be held for the said county.
                V.  And be it further enacted, That every person who shall conceal, or be privy, or be aiding or assisting to the concealing; or who knowing thereof, shall not discover, or declare to some of his majesty's justices of the peace, the arms, weapons, gunpowder or ammunition of any person so refusing, or making default as aforesaid, or shall hinder or disturb any person or persons authorized as aforesaid in searching for, taking and seizing the same, shall be committed to the goal of the county where he shall commit such offence, by warrant under the hands and seals of any two justices of the peace, there to remain, without bail or mainprize; for the space of three months, and shall also forfeit and pay treble the value of the said arms to his majesty and his successors.
                VI.  And be it further enacted, That if any person or persons shall discover any concealed arms, weapons, [38] ammunition or gunpowder belonging to any refusing or making default, as aforesaid, so as the same may be seized as aforesaid, for the use of his majesty and his successors; the justices of the peace upon delivery of the same at the county court, as aforesaid, shall have power, and they are hereby required, as a reward for such a discovery, by order of court, to allow him or them a sum of money amounting to the value of the arms, weapons, ammunition, or gunpowder, so discovered, the said sum to be assessed by the judgment of the said justices, at their said court, and to believed by distress and sale of the goods of the person offending against this act, rendering the overplus which shall arise by such sale, above the said sum, so allowed, and above the necessary charges of taking such distress, to the owner.
                VII.  Provided always, That if any person who shall have refused or made default, as aforesaid, shall desire to submit and conform, and for that purpose shall present himself before the justices of the peace, at the court to be held for the county where his refusal or making default, as aforesaid, shall be certified as aforesaid, and shall there in open court take the said oaths, and subscribe the said test, he shall from thenceforth be discharged of and from all disabilities and
              forfeitures, which he might or should be liable to for the future, by reason of his refusal or default, as aforesaid.
                VIII.  And be it further enacted, That no Papist, or reputed Papist, refusing or making default, as aforesaid, at any time after the first day of July, in the year of our Lord, one thousand seven hundred and fifty-six, shall or may, have or keep, in his own possession, or in the possession of any other person to his use, or at his disposition, any horse or horses, which shall be above the value of five pounds, to be sold, and that any two or more justices of the peace, from time to time, by warrant under their hands and seals, may and shall authorize any person, or persons, with the assistance of the constable where the search shall be (who is hereby required to be aiding and assisting herein) to search for, and seize for the use of his majesty and his successors all such horses, which horses are hereby declared to be forfeited to his majesty and his successors. [39]
                IX.  And be it further enacted, That if any person shall conceal, or be aiding or assisting in the concealing any such horse, or horses, belonging to any Papist, or reputed Papist, so refusing or making default, as aforesaid, after the said first day of July, such person shall be committed to prison, by such warrant, as aforesaid, there to remain without bail or mainprize, by the space of three months, and shall also forfeit and pay his majesty and his successors, treble the value of such horse or horses, which value is to be settled as
              aforesaid.

              And Jefferson was irrelevant to any of these issues --
              (The colonies were only colonies under patent and charter granted by the King and thus either were not colonies, but states, or were colonies. States would not grant London the right to legislate anything of theirs. Colonies could not claim their affairs were external to the granting power -- hence Jefferson's "these United States").
              The central issue of the so-called "revolution" was self-gov't: the objection was to Parliament's claim that it had the legal authority -- right -- to legislate within the respective colonies.  The seed of that conflict was planted with the foundings of the several colonies.
              All I said was that the "founding fathers" did not act in accordance with the Bill of Rights because the Bill of Rights belongs to the Constitution, which had not been drafted yet.
              And again: the Constitution was an eventuation of the evolution of law from the foundings of the colonies, to and through state constitutions/bills of rights.  The Constitution and Bill of Rights were drawn from existing state constitutions and laws.  See in particular The Bill of Rights and the States: The Colonial and Revolutionary Origins of American Liberties (Madison, WI: Madison House Publishers, 1992), Edited by Patrick T. Conley and John P. Kaminski.

              Jefferson had no hand in the writings of the Constitution and or Bill of Rights.  It was John Adams -- considered the foremost constitutionalist of the day -- who laid the groundwork for that eventuation with his writing of the Massachusetts-Bay constitution.

              This is the country of those three great rights: freedom of conscience, freedom of speech, and the wisdom never to exercise either of them. -- Mark Twain.

              by JJustin on Thu Jun 05, 2014 at 06:35:20 PM PDT

              [ Parent ]

  •  "At least 25 different local and state police... (6+ / 0-)

    departments have Stingray technology...

    Even more have access through sharing agreements with federal, state and regional task forces...

    About one in four law-enforcement agencies have used a tactic known as a "tower dump," which gives police data about the identity, activity and location of any phone that connects to the targeted cellphone towers over a set span of time, usually an hour or two. A typical dump covers multiple towers, and wireless providers, and can net information from thousands of phones....

    ...36 more police agencies refused to say whether they've used either tactic...

    Local and state police, from Florida to Alaska, are buying Stingrays with federal grants...

    When Miami-Dade police bought their Stingray device, they told the City Council the agency needed to monitor protesters at an upcoming world trade conference, according to purchasing records...

    •  Watch the prosecution of ex-Patriot football (0+ / 0-)

      player Hernandez.  

      The latest insights given by the prosecution include that they have his every move nailed, down to the minute, to, and at, and from, the scene of the double murder, by use of his cell phone GPS data.

      It also seems they have the same on him (including text messages) concerning the fist murder with which he's charged.

      However, if the equipment is as sophisticated as described, I would think they are able to limit search to a specific cell number.

      And in this specific case, I think all i's were dotted, and all t's crossed.

      This is the country of those three great rights: freedom of conscience, freedom of speech, and the wisdom never to exercise either of them. -- Mark Twain.

      by JJustin on Thu Jun 05, 2014 at 05:10:37 AM PDT

      [ Parent ]

      •  Isn't that the data from the phone's internal GPS? (0+ / 0-)

        Most GPS gear keeps a record- it'd be a whole lot more practical to just download the info from his phone.

        The takeaway- when committing a crime, use a map.

        This is specifically the reason that i still use a ten year old flip phone- it's harder and harder to find hardware that doesn't have a GPS chip built in. I figure they can't get info that nobody has, warrant or no.

        •  You can always turn your phone off. (0+ / 0-)

          At least for now.

          America, where a rising tide lifts all boats! Unless you don't have a boat...uh...then it lifts all who can swim! Er, uh...um...and if you can't swim? SHAME ON YOU!

          by Back In Blue on Thu Jun 05, 2014 at 10:34:44 AM PDT

          [ Parent ]

          •  It's still in touch w/ towers as long as the (0+ / 0-)

            battery is installed and not fully discharged.

            Lotta new phones, ya can't pull the battery.

          •  "FBI increasingly using malware to turn on... (1+ / 0-)
            Recommended by:
            Back In Blue

            To Remotely Turn On Phone/Laptop Microphones....

            ...It's not a secret that the FBI has used hacking methods in the past to spy on suspected criminals, including keyloggers and remotely turning on microphones in mobile phones, in order to spy on suspected criminals. However, the Wall Street Journal is reporting that the FBI has been ramping up these efforts, specifically hiring hackers and purchasing hacker tools to be able to do more such things.

                Federal agencies have largely kept quiet about these capabilities, but court documents and interviews with people involved in the programs provide new details about the hacking tools, including spyware delivered to computers and phones through email or Web links—techniques more commonly associated with attacks by criminals...

        •  I don't know where the data is stored, but I (0+ / 0-)

          suspect the datsa was retreived from the provider's storage, rather than from his phone, as there doesn't seem to have been any battles over warrants for search of his phone.

          The way the evidence is described, though, is stunning:

          Not only tracking his every move from the bar where the "altercation" occurred, to him driving around the block, then following the vehicle in which the victims were riding, and placing him at the scene of the double murder at the precise moment the murders were committed.

          Those murders occurred in Boston.  Also retrieved is the vehicle he was driving (from where he stored, after the murders, at a relative's in CT), and the gun used (that found in a vehicle during an apparent traffic stop in western Massachusetts).

          Wanna be a criminal?  Don't have or be with anyone who has a cell phone.

          This is the country of those three great rights: freedom of conscience, freedom of speech, and the wisdom never to exercise either of them. -- Mark Twain.

          by JJustin on Thu Jun 05, 2014 at 10:52:22 AM PDT

          [ Parent ]

  •  Are the feds also saying the NDA agreement.... (5+ / 0-)

    With the manufacturer of the Stingray prevents any disclosure to courts or citizens? What's THEIR reasoning here? Not that they ever feel we peons are entitled to any disclosure about anything.

    Since it involves both Florida local law enforcement and Holder's DOJ, though, you can pretty much guarantee something really fucked up is happening here.

    •  Part of the reason they like to outsource -- (7+ / 0-)

      besides the looting opportunities for the rich and connected -- is the ability to deny FOIA requests or skirt open meetings laws.

      Remember that town in the Southwest that tried to deny citizens access to taped public meetings because they'd hired a private company to tape the meetings?

      It didn't work, but they had to be sued.

      © cai Visit 350.org to join the fight against global warming.

      by cai on Wed Jun 04, 2014 at 09:31:16 PM PDT

      [ Parent ]

      •  Yes: Republican "privatization": private companies (0+ / 0-)

        hired for these purposes aren't subjected to Constitutional limits.  I think in time that will be addressed in agency law.

        This is the country of those three great rights: freedom of conscience, freedom of speech, and the wisdom never to exercise either of them. -- Mark Twain.

        by JJustin on Thu Jun 05, 2014 at 05:14:17 AM PDT

        [ Parent ]

    •  There are always "two" (or more) "sides" to (0+ / 0-)

      such issues:

      Not that they ever feel we peons are entitled to any disclosure about anything.
      If that side "overreaches," then the other side will push back, and adjustments will be made.

      This is the country of those three great rights: freedom of conscience, freedom of speech, and the wisdom never to exercise either of them. -- Mark Twain.

      by JJustin on Thu Jun 05, 2014 at 05:12:40 AM PDT

      [ Parent ]

  •  The Fed involvement tells me NSA is using it (5+ / 0-)

    en mass. Some of the tech lines up with the Snowden-Brian Williams session.

    I want 1 less Tiny Coffin, Why Don't You? Support The President's Gun Violence Plan.

    by JML9999 on Wed Jun 04, 2014 at 09:32:31 PM PDT

  •  So sacrificing privacy for convenience equates to (2+ / 0-)
    Recommended by:
    DRo, shaharazade

    sacrificing liberty for security? Jeez, what will Americans think of next ...?
    Um, wasn't "they deserve neither" in that saying somewhere?
    I see absolutely no reason to own a cellphone except for vanity. And every day I see people showing how self-important they think they are by talking on cellphones in public.
    Personally I think it's a great sales trick on the public. Just like they've convinced people to buy bottled water, they've convinced them to pay for talking constantly.

    Ash-sha'b yurid isqat an-nizam!

    by fourthcornerman on Thu Jun 05, 2014 at 01:45:58 AM PDT

    •  Agreed: and if one receives a call on a cell phone (0+ / 0-)

      one's account is charged.

      And bottled water --- that.  Perhaps someday they'll invent a thing called "plumbing" with a faucet thingy attached to it.

      There was a time when one could distinguish between a percentage of the mentally ill, and the sane, by noting who was talking to themselves.  Today . . . "Oh -- only talking on a phone . . ."

      This is the country of those three great rights: freedom of conscience, freedom of speech, and the wisdom never to exercise either of them. -- Mark Twain.

      by JJustin on Thu Jun 05, 2014 at 05:18:54 AM PDT

      [ Parent ]

  •  Do the police have stingrays in NJ? (1+ / 0-)
    Recommended by:
    shaharazade

    Did anyone think to point one at the Governor's office in September last year?

  •  This isn't isolated. Not by a long shot: (0+ / 0-)

    For my own safety, I had to assume you were a bad guy with a gun. Sorry.

    by here4tehbeer on Thu Jun 05, 2014 at 05:39:48 AM PDT

  •  Digby has an answer to your question (3+ / 0-)
    Recommended by:
    triplepoint, MKinTN, shaharazade

    Digby has a nice, interesting, horrifying discussion of "parallel construction" of probable cause -- the courts-blessed doctrine that allows police to construct false narratives of what led them to probable cause for investigation. This, of course, prevents the defense from seeking exculpatory evidence or detecting entrapment, among other things.

    I recommend the post there. It will make the sheep dipping Hell quite a bit worse.

    "man, proud man,/ Drest in a little brief authority,. . . Plays such fantastic tricks before high heaven/ As make the angels weep; who, with our spleens,/ Would all themselves laugh mortal." -- Shakespeare, Measure for Measure II ii, 117-23

    by The Geogre on Thu Jun 05, 2014 at 06:27:27 AM PDT

    •  What digby said (2+ / 0-)
      Recommended by:
      Back In Blue, The Geogre

      'There are many ways to circumvent the constitution if someone is clever enough to create them '. Probable cause seems to be the same vague term that all of our spooks and the police/security state hang their illegal tracking under. Pre-criminal, preemptive whatever they call this it's not constitutional but as Nancy said what good is the constitution if you can't enforce it.  A useless piece of paper like a warrant is these days. They don't need warrants as probable cause covers any damn thing they decide is a potentially criminal or the ever possible 'terrist's who are gonna kill yer family'. The merger of private companies and law enforcement is more then troubling it seems to me to be just plain old illegal in any government that pretends to be democratic and run under the rule of law?

      Where's my habeas corpus?

  •  Florida is a hot spot (1+ / 0-)
    Recommended by:
    Back In Blue

    because of the MIC. Where I live, Harris Corp(US seller of Stingrays and owner of the majority of military communication contracts), along with Raytheon, Northrup Grumman, GE, and a few more are the ONLY jobs in town. The employees of these co's are the 'best and brightest' of the region, and beyond. Anticipating their arrival, real estate speculators go friggin nuts building these stupid ungated communities which ususally go unfilled for years.

    These cities frequently submit to the Co's demands wrt tax breaks and road construction, and even throw entire neighborhoods under the bus when these co's threaten to 'build elsewhere'. One of Harris' recent expansions was kept a secret for years, almost until the groundbreaking, because it would mess up a neighboorhood and take a chunk out of a nearby nature sanctuary. People were furious when it finally 'leaked' but city officials say "Well what can we do? Jobs! Harris threatened to pack up everything and move to Arlington!"

    Because there is literally no other economy in so many regions. Except the security forces/prison. I don't think it's coincidental that this stuff is being tested out on the locals either. There are a few towns here in C. FL that have some of the lowest average incomes in the nation despite these high paying jobs, and yet the best-equipped and staffed law enforcement, always w the newest toys. It's not uncommon for tanks with accompanying trailers full of militarily-outfitted 'peace-officers' to descend on a one-bedroom shack in the middle of the night to bust some homeless squatters who happen to have a few crack rocks. With helicopter back up of course. On the weekends in these neighborhoods it feels like Iraq.

    It's a 'market' and the customer is whoever they decide requires the most expensive and showy punishment.

    Why no eyelashes are batted about an economy based on subjugation of our own neighbors is probably the most relevant question.

  •  As I understand it, it's a micro cell (tower). (0+ / 0-)

    ALL traffic and I mean ALL will go through it within the mini cell.

    Metadata
    Voice data
    Transmitted data (SMS and internet data)

    The people within the cell only notice power levels (assuming they look) and it may not even be possible to tell.

    No way to tell that the cell you're in from your house is a different one than it was yesterday... at least not from your phone.

    So in theory, they've got access to every piece of data that a cell tower would have -- which phones are on, signal and frequency data, UUID numbers (because when you SEND a text to someone you need to know that the device is actually within the cell), etc.

    Phone companies also have diagnostic modes that can be used to inquire about data within phones.  Not sure how much access they have to the "smart" part of smart phones, but certainly some information.

    ---

    Personally I think they've been using it a lot to track people and their associations (e.g. whose device is near the suspect device), but I have no basis to support that supposition.

    /two cents

    Happy little moron, Lucky little man.
    I wish I was a moron, MY GOD, Perhaps I am!
    —Spike Milligan

    by polecat on Thu Jun 05, 2014 at 09:28:14 AM PDT

  •  Wow-FLorida officials are off the rails again. (0+ / 0-)

    Re posted to DKos Florida.

    "No man has a good enough memory to be a successful liar." Abraham Lincoln

    by appledown on Thu Jun 05, 2014 at 09:42:35 AM PDT

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