According to CelleBrite, the manufacturer of at least some of the devices acquired by MSP, the product can extract a wide variety of data from cell phones including contacts, text messages, deleted text messages, call history and pictures.
The American Civil Liberties Union of Michigan is in an ongoing battle with the Michigan State Police (MSP) who refuse to release information regarding the use of portable data extraction devices (DEDs) that can allegedly secretly capture personal information from cell phones during routine traffic stops.
The Michigan State Police deny the allegations.
For nearly three years, the ACLU has repeatedly asked for this information through dozens of Freedom of Information Act requests, but to date it has not been provided, the ACLU said in a statement.
The U.S. Constitution protects citizens from unreasonable searches and seizures by government authorities. This well established principle – going back to English common law – is being tested by the growing use of electronic devices. If the ACLU allegations are true, drivers everywhere are potentially at risk from “suspicionless” searches without consent or a search warrant. There are potential first amendment issues as well.
Several years ago, MSP acquired portable devices that have the potential to quickly download data from cell phones without the owner of the cell phone knowing, according to the ACLU.
The Michigan State Police say this is not so.
“To be clear, there have not been any allegations of wrongdoing by the
MSP in the use of DEDs,” MSp said in a written response to AutoInformed’s queries.
“The MSP only uses the DEDs if a search warrant is obtained or if the
person possessing the mobile device gives consent. The department’s
internal directive is that the DEDs only be used by MSP specialty teams
on criminal cases, such as crimes against children. The DEDs are not being used to extract citizens’ personal information
during routine traffic stops.
“The MSP does not possess DEDs that can extract data without the officer actually possessing the owner’s mobile device. The DEDs utilized by the MSP cannot obtain information from mobile devices without the mobile device owner knowing,” MSP said.
“Transparency and government accountability are the bedrocks of our democracy,” said Mark P. Fancher, ACLU of Michigan Racial Justice Project staff attorney. “Through these many requests for information we have tried to establish whether these devices are being used legally. It’s telling that Michigan State Police would rather play this stalling game than respect the public’s right to know.”
In August 2008, the ACLU of Michigan filed its first FOIA request to acquire records, reports and logs of actual use.
Documents provided in response confirmed the existence of these devices, but MSP claimed that the cost of retrieving and assembling the documents that disclose how five of the devices are being used is $544,680. The ACLU was then asked to pay a $272,340 deposit before the organization could receive a single document.
In order to reduce the cost, the ACLU of Michigan narrowed the scope of its request. However, each time the ACLU submitted more narrow requests, MSP claimed that no documents exist for that time period and then it refused to reveal when the devices were used so a proper request could be made.
“We should not have to go on expensive fishing expeditions in order to discover whether police are violating the rights of residents they have resolved to protect and serve,” said Fancher.
According to CelleBrite, the manufacturer of at least some of the devices acquired by MSP, the product can extract a wide variety of data from cell phones including contacts, text messages, deleted text messages, call history, pictures, audio and video recordings, phone details including the phone number and complete memory file dumps on some handsets.
In a three-page letter to MSP last week, the ACLU of Michigan explained that the use of such devices may violate Fourth Amendment protections against unreasonable searches if a warrant is not issued. In addition, the organization would like to determine if MSP is disproportionally downloading the personal information of people of color.
Recently, the national ACLU took on a similar issue challenging a federal policy of searching, copying and detaining travelers’ laptops, cell phones and other electronic devices at airports and the border without suspicion of wrongdoing.
This story was modified from its original version to include the MSP response the next day to our questions. – editor
