The FBI calls it a “sensitive investigative technique” that it wants to keep secret. But newly released documents that shed light on the bureau’s use of a controversial cellphone tracking technology called the “Stingray” have prompted fresh questions over the legality of the spy tool.
Functioning as a so-called “cell-site simulator,” the Stingray is a sophisticated portable surveillance device. The equipment is designed to send out a powerful signal that covertly dupes phones within a specific area into hopping onto a fake network. The feds say they use them to target specific groups or individuals and help track the movements of suspects in real time, not to intercept communications. But by design Stingrays, sometimes called “IMSI catchers,” collaterally gather data from innocent bystanders’ phones and can interrupt phone users’ service—which critics say violates a federal communications law.
The FBI has maintained that its legal footing here is firm. Now, though, internal documents obtained by the Electronic Privacy Information Center, a civil liberties group, reveal the bureau appears well aware its use of the snooping gear is in dubious territory. Two heavily redacted sets of files released last month show internal Justice Department guidance that relates to the use of the cell tracking equipment, with repeated references to a crucial section of the Communications Act which outlines how “interference” with communication signals is prohibited.
It’s a small but significant detail. Why? Because it demonstrates that “there are clearly concerns, even within the agency, that the use of Stingray technology might be inconsistent with current regulations,” says EPIC attorney Alan Butler. “I don't know how the DOJ justifies the use of Stingrays given the limitations of the Communications Act prohibition.”
The FBI declined a request to comment on specific questions related to the legality of Stingrays, as it says the matter remains in litigation. Spokesman Christopher Allen told me by email that “in general the FBI cautions against drawing conclusions from redacted FOIA documents.”
A potential legal conflict, however, is not all the documents draw attention to. They disclose that the feds have procedures in place for loaning electronic surveillance devices (like the Stingray) to state police. This suggests the technology may have been used in cases across the United States, in line with a stellar investigation by LA Weekly last year, which reported that state cops in California, Florida, Texas, and Arizona had obtained Stingrays. More still, the trove offers a rare hint at the circumstances in which Stingrays are deployed. “Violent Gang Safe Street Task Forces Legal Issues" is the title of one newly released set of FBI presentation slides related to tracking tactics.
It’s likely that in the months ahead, a few more interesting nuggets of information will emerge. The FBI has told EPIC that it holds a mammoth 25,000 pages of documents that relate to Stingray tools, about 6,000 of which are classified. The Feds have been drip-releasing the documents month by month, and so far there have been four batches containing between 27 and 184 pages each. Though most of the contents—even paragraphs showing how the FBI is interpreting the law—have been heavy-handedly redacted, several eyebrow-raising details have made it through the cut. As I reported back in October, a previous release revealed the Feds have an internal manual called “GSM cellphone tracking for dummies.”
Any business model functions in a chain of activities. Each job function or process is a link in a chain playing a critical role in adding value to the previous function. It, in turn, passes on value to the next function. If there is a weak link in your chain of operations, it will eventually break, causing your operation and customer experience to suffer.
Let’s use the purchase process as an example. Suppose a customer wishes to special-order a table. She reviews all the details with her salesperson who writes up a sales order. The sales order is given to the purchasing manager who keys in the PO and specifies a flat black finish. The merchandise arrives, the delivery is scheduled and delivered. When the customer sees her table, she is dismayed. She wanted gloss black finish and asks for a refund.
This is just one example of hundreds of breaks that occur in the chain of operations. If this business had a stronger link between the salesperson and the purchasing process, this kind of problem could have been avoided.
The first link in your business chain is obvious. It is the role of marketing. There is no business without customers. Whatever your media and networking combination, its purpose is to obtain relevant sales leads. If your product is high-end luxury contemporary merchandise for example, you probably don’t want high school kids visiting you. You would much prefer a high income, style conscious customer, right? So, that’s where your marketing focus should be. Know your customer and target your efforts directly to that audience. Businesses with a strong first link will get more selling opportunities. Businesses with a broken first link don’t produce enough leads and have a difficult time growing their operations.
The only purpose of a lead is to follow up on it. If there is no system to follow-up on leads, most will die a quick death. CRM encourages this follow-up. Customers who give you their information deserve to be contacted. To increase your chance of getting through, contact them with a relevant communication in a media that they prefer. If they signed up for your VIP list, send them a monthly email with a discount or drawing opportunity. If they got a quote, call and email them a product update with information to help them make their decision. You will find that the top salespeople in the world have a talent for follow-up. UPerfect control of daily cash in your system is required. Forget manual day sheets unless you are committed to being a pen and paper operation. Every retail software system includes a report to review daily cash receipts. At the end of each day or following morning, run a cash report for the cash, checks, credit cards, and finance payments received into your system. Compare it against the physical cash, checks, and credit card totals collected. If there is a discrepancy, either someone made a mistake entering a receipt, the money never came in, or it is somewhere else. Rectify all issues immediately. This process should take under 20 minutes per day for even large operations.se a CRM system to help your average salespeople become great salespeople. These systems generate information so the follow up can be executed and managed. Customers are not forgotten.
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