Big Brother continues to feed on digital technology. Running amok of all restraints, the Obama regime has been caught using a Stingray device to track down people based on their cell phone. The espionage equipment will locate a phone – and presumably its owner – with precision even when the phone is not in use. Judge David G. Campbell of the U.S. District Court of Arizona has already ordered the challenge of the FBI’s use of Stingray to bust hacker Daniel David Rigmaiden can proceed.
Rigmaiden now wants the judge to order the FBI to turn over details about Stingray technology to help in him prepare his defense. As the federal government pursues the man they called “The Hacker,” it contradicts its current practice of hiring hackers. Had the FBI offered Rigmaiden a job it would not face this embarrassing court case.
Some people like Jennifer Valentino-Devries at the Wall Street Journal suggest that the Fourth Amendment protections against unreasonable search and seizures cannot keep up with the times. Others believe “unreasonable” means the same thing as it did when our Founding Fathers were still alive. After all, who can say that tracking down citizens without their knowledge by following their phone is reasonable? Rigmaiden hopes to find out.
If no one puts the brakes on federal violations of the constitutional and human rights of American citizens, they will soon embed chips in our bodies and wire our brains together in a Joker-style (think Batman) social and biological neural network without our knowledge and blame it on the failure of the Constitution to keep up with technology.
Testimony suggests that the FBI knows that the way it tracked down the hacker was illegal and probably unconstitutional. After all, they failed to be completely honest with the judge who ordered the warrant.
The prosecutor, Frederick A. Battista, said the government obtained a “court order that satisfied [the] language” in the federal law on warrants. The judge then asked how an order or warrant could have been obtained without telling the judge what technology was being used. Mr. Battista said: “It was a standard practice, your honor.”
Campbell clearly feels that – had the judge granting the warrant knew about Stingray and that the FBI planned to use it against Rigmaiden – the warrant would not have been issued if the FBI were honest.
We’ll follow this case and hope that the Rigmaiden case helps re-establish constitutional rights in the United States.

February 4th, 2012
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