FCC Must Better Protect People's Privacy Against StingRays, Argues FCLJ's Norman
The FCC should act to protect the privacy of Americans' cellular communications against the "secretive" use of StingRays by law enforcement agencies, wrote Jason Norman, senior managing editor of the Federal Communications Law Journal, in a new 179-page piece explaining…
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the usage of such cell-site simulators, their impact on privacy and security and why they undermine the justice system. Increased use of StingRays has come under fire by privacy and civil liberties advocates and others because they scoop up cellphone information from all nearby bystanders, not just suspects being targeted by law enforcement agencies, creating potential privacy implications. Norman argued StingRays are potential signal jammers, which are prohibited by the FCC except in narrow circumstances and only for use by federal law enforcement agencies. He said it could be illegal for state and local police to use such devices, which might cause interference. Norman also wrote that the FCC has formed a task force to probe potential abuses by foreign intelligence services and private individuals, but not those by U.S. government agencies. But FCC Chairman Tom Wheeler has said Title III of the Communications Act gives the agency power to address threats posed by such devices and that the commission needs to work with industry to secure wireless networks and better protect privacy, wrote Norman. This means enhancing encryption standards and security features for all devices over wireless networks, he said. "An insecure communications network is the Achilles heel of a strong nation, and while unchecked mass surveillance by law enforcement is profoundly disturbing, the thought that anyone with moderate technical knowledge and a few hundred dollars in their pocket can eavesdrop on 99% of our communications is terrifying," he wrote. The FCC didn't comment.