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91 Chi.-Kent L. Rev. 295 (2016)
Duty of Candor in the Digital Age: The Need for Heightened Judicial Supervision of Stingray Searches

handle is hein.journals/chknt91 and id is 309 raw text is: DUTY OF CANDOR IN THE DIGITAL AGE: THE NEED FOR HEIGHTENED JUDICIAL SUPERVISION OF STINGRAY SEARCHES ANDREW HEMMER1 1. INTRODUCTION Cell phones and other mobile devices have radically trans- formed our world.2 In fact, cell phone technology is the most quickly adopted consumer technology in the history of the world, and the number of cell phone users worldwide increases every year.3 Today, ninety-one percent of adults in the United States own a cell phone.4 Many users constantly check their phones, keep them by their bed- sides at night, and use them in connection with virtually every daily activity.5 This nearly ubiquitous mobile connectivity means that almost every American citizen is constantly connected to the global mobile network.6 Little do they know, however, that law enforcement officers now use Stingrays7-or International Mobile Subscriber Identity (IMSI) catchers-to mimic a wireless carrier's base station and trick cell phones into connecting to it.8 These devices track the location of suspected criminals and gather evidence against them by sending electronic signals to all cell phones within the device's vicinity in 1. Student, Chicago-Kent College of Law 2. See generally Lee Rainie, Cell Phone Ownership Hits 91% of Adults, PEW RESEARCH CTR. (June 6, 2013), http://www.pewresearch.org/fact-tank/2013/06/06/cell-phone-ownership- hits-91-of-adults/. 3. Id. 4. Id. 5. See id. 6. See id. 7. Stingray is the brand name for the IMSI-catcher product manufactured by the Harris Corporation. Stephanie K. Pell & Christopher Soghoian, A Lot More Than a Pen Register, and Less Than a Wiretap: What the StingRay Teaches Us About How Congress Should Approach the Reform of Law Enforcement Surveillance Authorities, 16 YALE J. L. & TECH. 134, 146 n.35 (2013). This Comment will use the term Stingray to refer generally to IMSI-catcher technolo- gy. 8. ADRIAN DABROWSKI ET AL., SECURE Bus. AUSTRIA RESEARCH, IMSI-CATCH ME IF YOU CAN: IMSI-CATCHER-CATCHERS (2014), https://www.sba-research.org/wp- content/uploads/publications/DabrowskiEtAl-lMSI-Catcher-Catcher-ACSAC2014.pdf. 295

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