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NYPD on "StingRays"

For the past several years, police departments across America have been using a nifty new piece of technology to trace the location of suspects. IMSI-catchers—commonly known as "StingRays" after the most popular brand name—are small boxes that gather all cell signals in a given area by mimicking a cellphone tower. And they've grown increasingly popular even as the federal government has issued stricter guidelines as to where and how the technology should be used.

But thanks to bizarre non-disclosure agreements struck between the FBI and the manufacturer of the StingRay, the Harris Corporation, the devices are rarely entered into evidence as part of a criminal case. That often leads to prosecutions marred by glaring holes as to exactly how the cops knew where a person was located, defense lawyers argue. The New York Police Department and other law enforcement agencies are strictly barred from speaking about the use of StingRays, even under court order, and even if their use is central to prosecution.

Disturbances of cell service are often one of the first signs of a StingRay-assisted apprehension, according to Insley, but understanding the full scope of their use would require some level of cooperation by law enforcement. Lawyers and due process advocates have been fighting for years to get information on Stingrays and their use dished out to the public, with only occasional success.

Last week, the NYPD finally answered some parts of a Freedom of Information Law (FOIL) request by the New York Civil Liberties Union (NYCLU) about the use of the StingRay. The documents released, which showed that the NYPD has used the StingRay more than 1,000 times since 2008, paint a portrait of a law enforcement agency that uses the stingRay to apprehend individuals suspected of committing serious crimes like murder but also more trivial infractions like a prank call to 9-1-1.

In a statement, the NYPD said that even though StingRays are capable of storing communications and collecting phone numbers of thousands of New Yorkers in a single go, the privacy of New Yorkers is not at risk.

While the documents released do show that New York police have used the StingRay to locate suspected murderers, rapists, and kidnappers, a litany of other charges have apparently merited the use of StingRays as well. These include money laundering, contempt of court, and identity theft. More than a hundred people have been arrested after a StingRay helped locate them in Bronx County over the past seven years, and Thaxter believes that at least a few of his office's clients have been apprehended that way. Not that any mention of a StringRay ever comes up in court documents.

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