Law enforcement officials are using front companies to operate a fleet of surveillance planes across major American cities, often without a warrant, according to the results of an Associated Press investigation.
Equipped with cameras and cellphone intercepts known as “Stingrays,” the aircraft have been spotted recently flying over cities like Washington, Boston, and Baltimore. In the latter city, an FBI plane was seen, by observers on the ground, circling the city during demonstrations against police brutality following the death of Freddie Gray.
The AP found that over the course of a recent 30-day time frame, the bureau conducted over 100 surveillance flights in more than 30 cities, across 11 states—generally neglecting to obtain a warrant before each one. One mission involved a spy plane above an area with more than 40,000 residents, in Anaheim, Calif.
The news agency also documented flights that appeared to target large buildings, including the Mall of America in Minnesota and Ronald Reagan Washington National Airport in Northern Virginia–flights that, potentially, highlight how the missions are most likely used for signals intelligence.
“The FBI’s aviation program is not secret,” bureau spokesman Christopher Allen said in a statement to the Associated Press, refusing to disclose more details about the program to preserve “operations security.” He added that the planes “are not equipped, designed or used for bulk collection activities or mass surveillance.”
The bureau, however, has gone to great lengths to hide their involvement in the domestic surveillance flights. The Associated Press traced ownership of the planes to at least 13 fake companies, all registered to P.O. Boxes in Bristow, Virginia. Details about the program have been redacted from publicly released Department of Justice Inspector General reports, and the rules that govern the aerial surveillance have also been shielded from public view.
For flights that involve capturing a bird’s eye view of public places, the FBI usually doesn’t seek a warrant, despite the fact that the cameras federal agents use could capture evidence that could later be used in criminal prosecution. The agency did say that it has implemented new policies to seek court orders for Stingray missions, which have the potential to collect cell phone in bulk.
In response to a spate of Freedom of Information Act requests, local law enforcement agencies have been forced to disclose some information about how they use of Stingrays–the FBI forces those who want the technology to sign confidentiality agreements. Documents released this year from the Erie County Sheriff’s Department showed that authorities conducted 47 flights equipped with Stingrays, but obtained a warrant in only one of those missions.
New guidelines issued by the Department of Justice last month, explicitly prohibit the use of unmanned drones to monitor activities protected by the First Amendment. Those rules don’t apply, however, to piloted planes, a DOJ spokesperson confirmed to the AP.
Federal budget documents from 2010 pegged the size of the FBI’s surveillance fleet at over 115 planes.
