Justice Department launches review of secret cellphone surveillance

The U.S. Department of Justice said Monday it is reviewing how law enforcement agencies conduct secret surveillance of cellphones.

In a written statement, DOJ spokesman Patrick Rodenbush said officials are examining policies to ensure they “reflect the department’s continuing commitment to conducting its vital missions while according appropriate respect for privacy and civil liberties.”

The disclosure comes a day after The Wall Street Journal reported that federal administrators have concluded they must reveal more about devices that intercept data from cellphones, whether or not the user is the target of a criminal investigation.

Federal offices including the FBI, the U.S. Marshals Service and Drug Enforcement Agency use the devices. Officials with the FBI’s Charlotte office and the U.S. Attorney’s Office for Western North Carolina referred comment to the Department of Justice.

Rodenbush said the review would not include the Charlotte-Mecklenburg Police Department and other local law enforcement agencies that secretly track cellphones during some investigations.

Local police agencies across the country began acquiring the surveillance technology between 2006 and 2007 by using federal grant money meant to fight terrorism.

The FBI ordered cities not to disclose information about the equipment. During a visit to Charlotte last year, FBI Director James Comey said his agency was trying to keep information about police strategy from criminals.

An Observer investigation revealed late last year that CMPD deploys a device called a StingRay that mimics a cellphone tower. The device provides serial numbers, location and other information about nearby phones, laptop computers and tablets that connect to cellular networks. Authorities hundreds of times have sought to use cellphone tracking in cases.

Defense attorneys said secrecy surrounding the technology denied them the chance to challenge evidence in court. Some questioned whether StingRays violate the Constitution’s prohibition against unreasonable search and seizures.

CMPD must obtain permission from a judge before using a StingRay.

The Observer and its news partner, WBTV, filed a petition last year to unseal court records related to CMPD cellphone tracking dating to 2006. Then-Mecklenburg Senior Resident Superior Court Judge Richard Boner later ordered the documents connected to past cases unsealed.

The Mecklenburg County District Attorney’s Office launched a review to determine if CMPD had violated state laws that protect a criminal defendant’s right to a fair trial.

Prosecutors said earlier this year the review cleared CMPD of any wrongdoing.

But current Mecklenburg County Senior Resident Superior Court Judge Robert Bell has said that judges have begun more closely scrutinizing surveillance requests and asking when officers plan to use a StingRay.

This story was originally published May 4, 2015 at 6:55 PM with the headline "Justice Department launches review of secret cellphone surveillance."