Law-enforcement gadget requires nondisclosure agreement


NEW YORK TIMES: Surveillance tool raises concerns about privacy.

Share this article!

NEW YORK TIMES: Surveillance tool raises concerns about privacy.

Any disclosure about the technology, which tracks cellphones and is often called StingRay, could allow criminals and terrorists to circumvent it, the FBI has said in an affidavit. But the tool is adopted in such secrecy that communities are not always sure what they are buying or whether the technology could raise serious privacy concerns. The confidentiality has elevated the stakes in a longstanding debate about the public disclosure of government practices versus law enforcement’s desire to keep its methods confidential. While companies routinely require nondisclosure agreements for technical products, legal experts say these agreements raise questions and are unusual given the privacy and even constitutional issues at stake.

“It might be a totally legitimate business interest, or maybe they’re trying to keep people from realizing there are bigger privacy problems,” said Orin Kerr, a privacy law expert at George Washington University. “What’s the secret that they’re trying to hide?”

Read more here.