March 5, 2014

NOTHING SHADY HERE: Police Contract With Spy Tool Maker Prohibits Talking About Device’s Use. “A non-disclosure agreement that police departments around the country have been signing for years with the maker of a cell-phone spy tool explicitly prohibits the law enforcement agencies from telling anyone, including other government bodies, about their use of the secretive equipment, according to one of the agreements obtained by an Arizona journalist. The NDA includes an exception for ‘judicially mandated disclosures,’ but no mechanisms for judges to learn that the equipment was used. In at least one case in Florida, a police department revealed that it had decided not to seek a warrant to use the technology explicitly to avoid telling a judge about the equipment. It subsequently kept the information hidden from the defendant as well.”

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