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DOJ’s New Stingray Policy Is a Good Start, But It’s Got Problems


DOJ’s New Stingray Policy Is a Good Start, But It’s Got Problems

Faiza Patel

Last Thursday afternoon, just as we were all heading out for the Labor Day weekend, the Justice Department released new policy guidance on the use of cell-site simulator technology. The policy is a good first step, requiring all DOJ components (including the FBI, the DEA, and the US Marshals Service) to obtain a warrant before using cell-site simulators to glean highly sensitive location information. But large loopholes remain.


Laws are only as good as their enforcement networks allow them to be. Since so much in the way of surveillance WAS hidden from the public, and gradually some of it is being grudgingly admitted--and all of this AFTER a substantial body of mass data has already been collected and likely recorded (and stored) at that large facility in Utah; the true issue is that of "good faith." Does THAT exist in this instance?

Why would the same entities that did their stealth operations in the dark following the not exactly proud tradition of J Edgar Hoover (and all of those clone-like authoritarians who, like Hoover, believe it is THEIR right to tell others how to live) suddenly "come to Jesus"?

If many courts are led by conservative judges, it's logical to conclude that there will remain a continuance of those types of behaviors that allot to law enforcement 007-like licenses to SPIT ON the law--primarily by violating the Civil Liberties--and RIGHT to privacy--of their citizen-targets, if not the whole citizenry, at large.

Until the Deep State and its multitudinous operators are forced to HEEL to the True Rule of Law, these small victories are more symbolic than triumphant.