Your Secret Stingray's No Secret Anymore: The Vanishing Government Monopoly over Cell Phone Surveillance and Its Impact on National Security and Consumer Privacy

摘要

This Article has illustrated how cellular interception capabilities and technology has become, for better or worse, globalized and democratized, placing Americans' cellular communications at risk of interception by foreign governments, criminals, and the tabloid press, to mention a few. Notwithstanding this risk, U.S. government agencies shroud almost every aspect of the StingRay and similar direct interception technology in secrecy, in an ostensible but futile effort to prevent criminals from learning how to thwart the technology. But this narrative, which disingenuously asserts a continuing need for secrecy regarding StingRay technology, does greater harm by inhibiting public awareness and discussion of the risks associated with private use of unmediated surveillance technologies, thus preventing policymakers from addressing the underlying vulnerabilities in cellular networks. Those who cling to the position that a demonstrably illusory veil of secrecy is essential to protect the utility of surveillance capabilities, and who, as a consequence, suppress information necessary to a full public discussion of cellular network security, effectively undermine broader congressional efforts to strengthen cybersecurity. This unnecessary and counterproductive veil must be lifted so that the public and legislators can address the full scope of interception risks in a public policy process that will promote better, stronger cybersecurity practices.