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|5th March 2014, 08:21||#1|
Join Date: May 2010
How to use an NDA to track phones without a warrant
Florida cops have worked out a natty way to get around needing a pesky court order to track a user's phone – they have been claiming that the manufacturer's NDA forbids them from getting one.
In Florida everyone knows that a manufacturer's NDA trumps the US constitution and that has allowed coppers to use their "stingray" mobile tracking gadget 200 times without ever telling a judge.
Their reason is that the device manufacturer made them sign a non-disclosure agreement that they say prevented them from telling the courts.
It all came to light during an appeal over a 2008 sexual battery case in Tallahassee in which the suspect also stole the victim's mobile. Using the stingray — which simulates a mobile phone tower in order to trick nearby mobile devices into connecting to it and revealing their location — police were able to track him to an apartment.
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