(MASS PRIVATE I) The American Civil Liberties Union of Michigan urged the Michigan State Police (MSP) today to release information regarding the use of portable devices which can be used to secretly extract personal information from cell phones during routine stops.
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.
“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.”
Several years ago, MSP acquired portable devices that have the potential to quickly download data from cell phones without the owner of the cellphone knowing.
The ACLU of Michigan expressed concern about the possible constitutional implications of using these devices to conduct suspicionless searches without consent or a search warrant.
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.
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 cellphones 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.