Privacy concerns raised over Tacoma police using cell phone tracking system

TACOMA -- The Tacoma Police Department confirmed Wednesday it has been using a sophisticated 'cell site simulator' for the past five years that enables it to zero in on a person's cellular device, but said it does not snoop or collect data on the general public.

"The technology does not collect content such as voice, text, or data, and does not retain any data for other information," a statement by the police department said Wednesday. "It is used in felony level crimes to locate suspects wanted for crimes such as homicide, rape, robbery, kidnapping, and narcotics trafficking."

The technology is also used to "to locate missing and/or endangered persons," the statement said.

"In every circumstance when the technology is used we obtain a court order regarding the particular cellular device," the police statement said.

But the disclosure of the "cell site simulator" -- as the police call it -- has raised privacy and civil rights concerns.

"The fact that they're trying to hide it suggests that they believe the public will not like it," privacy activist Phil Mocek said.

He added that he had been trying for weeks to get answers from the Tacoma police about the device, which is also a "Stingray."

"The device acts just like a cell phone tower," Mocek said. "It could be used for some good purposes, but because of the way some of these work, they are almost certainly pulling information about people for whom there is no suspicion of wrongdoing."

Mocek requested documents through public records requests from the Tacoma Police Department. He got back a stack of 41 pages, but some are completely redacted.

"I deserve privacy as an individual," he said. "I have a right to privacy. An institution like our government has a responsibility for transparency. And they're working around that actively, and I think that's wrong."

According to the documents, the department spent more than $250,000  to upgrade their Stingray last year; the police chief said it would be used to detect and prevent improvised explosive devices. But the police department admits it's never once been used for that purpose.

"Police need to be upfront about the fact they're using this device," said Doug Honig of the ACLU-Washington.

Transparency should be the goal, he added.

"It's very concerning. 'Stingrays' are very powerful surveillance devices and they sweep up a lot of information about innocent people in an entire neighborhood in addition to whatever the target is," Honig said.

The Tacoma News Tribune reports that some City Council members didn't realize the Stingray's full potential, even though they approved the purchase and upgrades.

And Honig said that needs to change.

"Elected officials need to get involved in these issues," he said. "They need to adopt an ordinance that when the city acquires heavy-duty surveillance technology that intrude in everybody's privacy, they have to get approval in advance, say how it's going to be used, and how privacy is going to be protected."

The police department said it's used the Stingray 180 times since June -- each time with a court order.

No members of the Tacoma City Council returned phone calls seeking comment on this report.