Privacy Law

Ex-con helps write state law requiring warrant for use of stingrays to intercept phone calls

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A former convict sent to prison for tax fraud has become an expert on the police use of stingray devices, used to obtain cellphone location information by imitating a cellphone tower.

Research by the former prisoner, Daniel Rigmaiden, helped convince the American Civil Liberties Union that federal law enforcement was using stingray technology, the New York Times reports. Rigmaiden also helped Washington state write a new law requiring court orders for use of the devices.

Washington, Utah and Virginia all have new laws requiring court orders to get court approval for use of stingrays. California lawmakers, meanwhile, approved similar legislation this month; the bill would also require police departments to get city council approval before using such devices. New Justice Department guidelines require warrants for federal use of the devices.

Rigmaiden began his research after trying to figure out how the government uncovered his scheme to use the names of dead people to fill out fraudulent tax claims. He lived mostly off the grid, but used a cellular AirCard to access the Internet, according to a Business Insider story on Rigmaiden that relies on a WNYC Radio interview.

Representing himself, Rigmaiden requested thousands of documents about his case and found some references to new “investigative techniques” associated with cell towers. He conducted much of his research in prison and shared his results with the ACLU. After his release from prison, he fulfilled part of his community service requirement by volunteering with the civil rights group.

Related article:

ABAJournal.com: “Feds use little-known StingRay device to track cellphones; is a warrant required?”

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