DOJ issues guidance on stingray use as local and state police forces pursue their own policies

The DOJ has issued new guidelines governing stingray use that bring such deployments into marginally better alignment with fundamental civil rights — but there are some significant limitations to the new policies as well. First, the good news: The new recommendations specifically state that these devices are to be used in a matter that is “consistent with the requirements and protections of the Constitution, including the Fourth Amendment…[and] including the Pen Register Statute.”

The seven-page document then details the basics of how stingray devices operate and notes that such devices must be configured to act as simple pen registers, meaning they collect only metadata about contacted numbers and durations of a call, not text messages, IMs, emails, or the actual contents of a phone conversation. The exact capabilities of stingrays is shrouded in enormous amounts of secrecy thanks to the mandatory NDAs that cloak their operation. The report states that warrants are now required for the use of a stingray, which law enforcement must properly represent to a judge that stingray access is being sought, and that explains how the data will be handled and deleted following the conclusion of the investigation.