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92 Tul. L. Rev. 519 (2017-2018)

handle is hein.journals/tulr92 and id is 551 raw text is: How Did They Know That? Cell Site Simulators and the Secret Invasion of Privacy Coleman L. Torrans* I. INTRODUCTION....................................... 519 II. WHAT ARE CELL SITE SIMULATORS? ............ .........523 III. THE LEGAL STATUS OF CELL SITE SIMULATORS ................526 A. Cell Site Simulator Statutes............ ..........526 B. The Pen/Trap Statute ...........................528 C. The Fourth Amendment ................. ....532 IV GOVERNMENT SECRECY ......................... .....537 A. Nondisclosure by Contract.......... ........538 B. Omissions ...................................539 V JUSTIFICATIONS FOR SECRECY.......................541 VI. PROPOSALS. .........................................544 VII. CONCLUSION .......................................546 I. INTRODUCTION Daniel Rigmaiden was off the grid. Or at least as off the grid as one can be and still successfully operate a multimillion-dollar tax refund scam from a laptop., In a broad act of youthful defiance, Rigmaiden packed a backpack full of groceries and headed into Los Padres National Forest, where he lived for weeks at a time.2 He returned to town every so often only to restock supplies and make some quick cash off the Internet.3 He began with fake IDs, but by the mid-2000s his source of income was a stream of fraudulent tax * V 2017 Coleman L. Torrans. J.D. candidate 2018, Tulane University Law School; B.S. 2014, Tulane University. Thank you to my parents for all of their support during law school. Thank you to Professor Catherine Hancock for her introduction to cell site simulators and her guidance throughout this Comment. And finally, thank you to the membership and staff of the Review. 1. United States v. Rigmaiden, No. CR 08-814-PHX-DGC, 2013 WL 1932800, at *1 (D. Ariz. May 8, 2013). 2. Note to Self When Your Conspiracy Theory Is True, WNYC (June 19, 2015), http://www.wnyc.org/story/stingray-conspiracy-theory-daniel-rigmaiden-radiolab/ [hereinafter Note to Self]. 3. Id. 519

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