The FBI is taking extraordinary and potentially unconstitutional measures to keep local and state police forces from exposing the use of so-called “Stingray” surveillance technology across the United States, according to documents obtained separately by the Guardian and the American Civil Liberties Union.
Multiple non-disclosure agreements (NDAs) revealed in Florida, New York and Maryland this week show federal authorities effectively binding local law enforcement from disclosing any information – even to judges – about the cellphone dragnet technology, its collection capabilities or its existence.
In an arrangement that shocked privacy advocates and local defense attorneys, the secret pact also mandates that police notify the FBI to push for the dismissal of cases if technical specifications of the devices are in danger of being revealed in court.
The agreement also contains a clause forcing law enforcement to notify the FBI if freedom of information requests are filed by members of the public or the media for such information, “in order to allow sufficient time for the FBI to seek to prevent disclosure through appropriate channels”.
The strikingly similar NDAs, taken together with documents connecting police to the technology’s manufacturer and federal approval guidelines obtained by the Guardian, suggest a state-by-state chain of secrecy surrounding widespread use of the sophisticated cellphone spying devices known best by the brand of one such device: the Stingray.