16 comments

  • jadenpeterson 5 hours ago
    Why are they comfortable saying this?

    > Generally, Boyd said his office uses the software to find “avenues for obtaining probable cause” or “to verify reasonable suspicion that you already have”—not as a basis by itself to make arrests.

    As if that's not a massive violation of our rights in and of itself. This is my fundamental problem with the internet. As much as stories like these gain traction, as many millions of redditors protest these increasingly common stories (for example, the suspicious nature of Luigi Mangione being 'reported' in that McDonalds), nothing will change.

    Perhaps this is the part of the criminal justice system I am most suspect of. Is this what happens in a country with less regulation?

    • topspin 3 hours ago
      > Why are they comfortable saying this?

      They receive recognition for the results. Phone data was used in a large fraction of the cases against rioters in the 2021 capital attack. The Powers That Be were grateful that law enforcement were able to use phone data to either initially identify attackers or corroborate other evidence, and ultimately put people in prison. The justice system makes cases with this every day, and the victims of criminals are thankful for these results.

      • antidamage 2 hours ago
        I don't like being devil's advocate on this because I am strongly against the invasion of privacy at that point in the investigation, but without that data, they'd just take a bit longer to have identified the members of the insurrection. There's varying degrees of data you can glean from cellular networks as well, right down to "it was definitely this person, the phone logs show a FaceID unlock at X time" and that action can be inferred by network logs, all information that carriers have retained for over two decades.

        What it does become is a data point in an evidential submission that can strengthen a case that could otherwise be argued back as a bit flaky. It's similar to DNA evidence in that it's not actually 100% reliable nor is the data handled forensically at every stage of collection, but it's treated as if it is.

        I think it's weighted too heavily in evidence and should not be used as a fine-toothed comb to sweep for "evidence" when it can be so easily tainted or faked. At the same time, I'd love to see the current members of the pushback against ICE using this data fallacy against future prosecutions. "Yeah, I was at home, look" and actually it's just a replay of a touch or face ID login running from a packaged emulator, or whatever signature activities meet the evidential requirement.

      • mikeyouse 1 hour ago
        Tools like this are substantially different than time/location Bound geofences with warrants served to providers like were used in the Jan 6 investigations. And even those are under SCOTUS scrutiny for 4th amendment concerns.
        • topspin 1 hour ago
          Results compel expectations, and every "success" unlocks more latitude. A rational person cannot admire headlines that trumpet the wonderful achievements of digital dragnets in one case, and then suffer "concern" when more aggressive techniques are employed elsewhere: there are powerful incentives involved, as any thinking person should know. J6 was a big unlock for state surveillance; the results were met with gushing praise and no friction was incurred. Now, new bounds are being pushed and the tools proliferate, as the fine distinctions you cling to are blithely forgone.
      • prophesi 2 hours ago
        I've heard a lot more recognition for Apple refusing to comply with unlocking iPhones over the years than any of these other cases.
      • wavefunction 3 hours ago
        appeal to emotion
    • alex_young 3 hours ago
      The interesting part here is that they are apparently no longer even trying to use parallel construction [0] to cover this stuff up. They somehow feel confident that just saying we have this technology, we don’t say how we use it, but we wind up on the right trail and then gather some evidence down the road we wound up on somehow.

      Seems shaky at best. Smells of hubris.

      [0] https://en.wikipedia.org/wiki/Parallel_construction

    • sneak 1 hour ago
      They’re comfortable saying this because the US doesn’t have the rule of law, as evidenced by laws not applying to police.
      • thesmtsolver2 1 hour ago
        • codezero 51 minutes ago
          you link to a page with convicted police numbering in the tens in a nation of 340 million people, with a police force on the order of a million. I wouldn't believe you in a second if you said that the police commit crimes at a rate of 0.0001 per capita. That's absurd. You're basically verifying the claim that the police are not held accountable for breaking the law. Great work. If that was your intent, please do more than post a link, and elucidate your opinion in the future please, if it wasn't your intent, well, next time just please don't post, it's not a useful contribution to the discussion in this forum.
    • titanomachy 4 hours ago
      Was that suspicious? I thought his face was plastered all over the news.
    • Forgeties79 1 hour ago
      >"to verify reasonable suspicion that you already have”

      Translation: "Sprinkle some crack on him and let's get the hell out of here."

  • 1a527dd5 5 hours ago
    Sounds a lot like 'parallel construction'.
    • tclancy 1 hour ago
      All of us who grew up with Law & Order are wondering why this dude is bragging about planting poisoned fruit trees.
    • fuzzythinker 3 hours ago
    • HNisCIS 4 hours ago
      Yeah seems like that's quite explicitly the goal. The question is, what means or method are they trying to hide and is it hyper illegal or just something they don't want to be pubic knowledge?
      • reactordev 2 hours ago
        Both. It’s both hyper illegal and they don’t want you to know how they do it. It’s Pegasus 2.0
    • plagiarist 4 hours ago
      It turns out it's actually fine if your data is on offer to the government from a third party.

      The Constitution was meant to be permanently fixed and extremely literal about only the technology available from centuries ago, it was not meant to describe general concepts nor intended to be updated to ensure those same rights are retained along with changes in society.

      • sieabahlpark 4 hours ago
        [dead]
      • gruez 4 hours ago
        >The Constitution was meant to be permanently fixed and extremely literal about only the technology available from centuries ago, it was not meant to describe general concepts nor intended to be updated to ensure those same rights are retained along with changes in society.

        /s?

        I can't tell because people unironically use the same reasoning to make the "2nd amendment only apply to muskets" argument.

        • collingreen 3 hours ago
          That isn't the muskets version of that argument I have heard.

          The version I've heard is that the firearm technology when the second amendment was ratified was very different than today and that makes it worth evaluating if we want to amend it again.

          Similarly the military landscape looks very different as well such that there's a very different risk of foreign armies taking ground and citizens everywhere needing to be ready to hold ground until the more official military forces can arrive.

          If we want to get really pedantic about 2A where are the well regulated militias?

          Even if someone really is saying the thing you're claiming, 2A doesn't mention muskets at all or any other specific technology so that would be a really dumb thing for those people to say.

          • aeonik 1 hour ago
            When the second amendment was ratified, privately owned warships were a regular thing for the wealthy.

            They would absolutely not have a problem with modern weapons.

            They would probably have allowed private ownership of missiles launchers with the right authorization.

            They were pretty clear that the average person should have the same capability as the state. They were a different breed.

            I think nuclear weapons would be the one piece of tech that would make them think twice.

          • Terr_ 3 hours ago
            When the second amendment was passed, a "well-regulated militia" was already a thing people did, required and defined by the Articles of Confederation.

            On one hand, it was controlled by the state, which also had to supply materiel, and not just random citizens making a group. Upper ranks could only be appointed by the state legislatures.

            On the other hand, the weaponry the militia was expected to use included horse-drawn cannons, much more than just "home defense" handheld stuff.

            • bee_rider 2 hours ago
              We’re obviously failing the expectations of the founding fathers if we don’t have civilian owned HIMARS.
              • Terr_ 1 hour ago
                I'd argue the modern equivalent would be anything you can mount/move with a pick up or a trailer. So a machine-gun, but not a howitzer.

                Either way, those "field pieces" were the property of the state, that it was expected to supply by the AoC treaty, rather than something individuals were expected to bring along.

                • 15155 1 hour ago
                  The Constitution explicitly states the government may grant "Letters of Marque and Reprisal" to private citizens.

                  What are those private citizens attacking enemy ships with exactly - strong words?

            • Terr_ 1 hour ago
              P.S.: In other words, the second amendment was designed purely to block the new federal government from disarming the states. I assert that any "Originalist" saying otherwise is actually betraying their claimed philosophy.

              If it never created a private right before, then it was wrongly "incorporated" by Supreme Court doctrine, and States ought to be free to set their own gun policies.

          • gruez 1 hour ago
            >The version I've heard is that the firearm technology when the second amendment was ratified was very different than today and that makes it worth evaluating if we want to amend it again.

            That's an even worse argument because it's seemingly trying to both to do an motte-and-bailey and strawman at the same time. The motte and bailey comes from seemingly trying to present as sympathetic of an argument as possible. I mean, who's against reevaluating old laws? Strawman comes from the fact that from all the 2nd amendment supporters I've heard, nobody thinks it should be kept because we shouldn't be second-guessing the founding fathers or whatever. All their arguments are based on how guns aren't that dangerous, or how it serves some sort of practical purpose, like preventing state oppression or whatever. Whatever these arguments actually hold is another matter, of course, but at least "the 2nd amendment only applies to muskets" argument doesn't rely on a misrepresentation of the 2nd amendment proponents' views.

            • uoaei 1 hour ago
              You've reduced this discussion to meta-debate (again, it seems) and it's stifling productive conversation.
          • potato3732842 2 hours ago
            > where are the well regulated militias?

            They keep getting arrested because some fed informants show up and convince them to kidnap a governor of whatever before they can become "Well regulated".

            • plagiarist 1 hour ago
              This is really strong passive voice. I have to wonder if they were actually on track towards the "well regulated" part if some feds were able to convince them to kidnap a governor.
          • AndrewKemendo 3 hours ago
            The State Guards are the militias

            For example the Texas Guard:

            https://tmd.texas.gov/army-guard

            Not that I’d ever want them near anything useful but that’s the answer

            • esseph 2 hours ago
              Incorrect, that would be the:

              https://tmd.texas.gov/state-guard

              ;) they are NOT the National Guard. They are the militia of Texas. (Texas State Guard aka TXSG). Subordinate to the state gov, only.

              However TX considers it more complicated than that:

              The Organized Militia: Consisting of the Texas Army National Guard, the Texas Air National Guard, and the Texas State Guard.

              The Unorganized Militia: This consists of all "able-bodied" residents of the state who are at least 18 but under 45 years of age and are not members of the organized militia.

  • cdrnsf 2 hours ago
    Don’t trust the cops, don’t trust the wealthy. Cops will abuse you, wealthy will exploit you.
    • kylecazar 1 hour ago
      It isn't black and white.

      Deploy trust circumstantially.

      • john-h-k 1 hour ago
        The increasing fraction of “zingy catchphrase” HN comments compared to actually nuanced takes is depressing. Feels like a horrible mix of Reddit and tumblr
      • cdrnsf 1 hour ago
        It’s not safe to trust someone implicitly because they have a uniform and/or a badge.
    • lingrush4 1 hour ago
      And the poor will rob you, so trust nobody.
      • therobots927 1 hour ago
        That sounds like something a fed would say
  • smashah 11 minutes ago
    One day we will need to rip our freedoms back from these demons.
  • antidamage 2 hours ago
    Pre-crime: powered by Grok Analysis
  • thedangler 2 hours ago
    Isn’t this type of software illegal?

    If I went to try and sell it , I’d be arrested.

  • artyom 2 hours ago
    My bet is they couldn't get past the InstallShield wizard.
  • nxobject 8 minutes ago
    Don’t tread on me, huh?
  • cluckindan 4 hours ago
    You remember those cookie notices that you clicked on? Whatever you ”chose” to click, this kinda thing is where your data ended up getting ”processed”, irrespective of your ”privacy choices”.
  • fenwick67 53 minutes ago
    Once again, using a computer system to launder a conclusion someone has already made
  • nobody9999 5 hours ago
    Title too long for submission. Original title:

    Texas Police Invested Millions in a Shadowy Phone-Tracking Software. They Won’t Say How They’ve Used It.

    • BarryMilo 4 hours ago
      Truly a "why say many words" title!
    • ronsor 3 hours ago
      "Texas Police Won't Say How Used Shadowy Phone-Tracking Software Millions Spent On"?
  • charcircuit 2 hours ago
    This is like asking Google why they banned your account for fraud. Secrecy is important for slowing down bad actors.
  • kart23 2 hours ago
    the example at the top of the article isn’t exactly the best example to show people why this software shouldn’t be allowed. they could go to the liquor store, and ask them to pull cameras, and with a warrant if needed. it just seems more powerful to say this software is useless and wasting taxpayer money.

    but also, who is supplying location data to tangles? saying the ‘dark web’ is not helpful or informational, and honestly if the cops are just buying location data there’s nothing illegal about the search, because it’s not a search. you willingly provided your location data to this company who is then selling it, your beef is with them to stop selling your data if it’s not in their privacy policy. it smells like they’re just using social media and claiming they have this huge database on peoples locations. this sounds like a huge nothing burger to me.

    basically: don’t use sketchy apps that sell your location to data brokers or just turn off your location data for that app.

    https://www.nbcnews.com/tech/security/location-data-broker-g...

    • djeastm 2 hours ago
      If it's on the dark web isn't it also possible that it's hacked phone records? Seems like a nice way to bypass getting a warrant. Step 1, make sure hackers know you're in the market for phone company data. Step 2, hackers do their thing and sell it on the dark web. Step 3, police use intermediate tool like Tangles to "obtain probably cause" and "verify reasonable suspicion" based on the hacked records and focus their searches, all without any judge's say-so.
      • kart23 2 hours ago
        didn’t it say fresh receipt? how would tangles have live data from hacked phone records? also, yeah in that your phone company is at fault for violating your privacy.

        Agree that using hacked sources is unethical and shouldn’t be done, but is there an actual law against law enforcement using hacked data? reporters can legally publish hacked sources.

  • therobots927 4 hours ago
    We’re all just characters in a sim game played by the rich and powerful. Now it’s 24 / 7 surveillance. Eventually it will be 24 / 7 control.
    • HNisCIS 3 hours ago
      The race is between the rich trying to achieve a level of surveillance based omnipotence such that rebellion/revolution/dissent/protest/etc are fundamentally impossible...and the US populace gaining class consciousness. I don't have high hopes for the second one winning.

      I want people to think about that for a second though. Imagine in a decade cops have such a technological edge in both surveillance and force that you cannot even begin to protest billionaires enslaving you let alone stage a political revolution.

      • therobots927 3 hours ago
        You get it. I’m also concerned that we’re past the point of no return.
        • OGEnthusiast 3 hours ago
          We're already past the point of no return IMO. It's why people are having fewer kids.
          • DaSHacka 54 minutes ago
            And in fact, it's possible the latter is a direct and explicitly desired outcome of the former
  • JumpCrisscross 5 hours ago
    I hate the concept. But this is not the right case to test the tool against.
    • nobody9999 5 hours ago
      >I hate the concept. But this is not the right case to test the tool against.

      To which case are you referring? TFA doesn't appear to refer to any ongoing litigation associated with the "Tangles" software.

      Or are you referring to warrantless geo-fence tracking as a poor use case for the software?

      • JumpCrisscross 4 hours ago
        > which case are you referring?

        The example given at the top of the article. We want Tangle or whatever used idiotically to strike down its use in federal court.

      • nilamo 5 hours ago
        Tracking the population without cause is never the right use case for anything.
        • asdff 5 hours ago
          Transit and traffic planners would be foaming at the mouth for real commute data like this instead of just fixed point count data.
          • greyface- 2 hours ago
            Transit fare collection systems in many metros already log tap on / tap off location data and make it accessible to planners (and police).
          • bethekidyouwant 5 hours ago
            Google has it
        • nobody9999 5 hours ago
          >Tracking the population without cause is never the right use case for anything.

          Agreed. Which is why I submitted this in the first place. But AFAICT, it's orthogonal to GP's comment. Or not. Which is why I asked for clarification.

  • lingrush4 1 hour ago
    You have to love when the media describes something as "shadowy." They're not even trying to hide their bias.
    • tclancy 1 hour ago
      Whereas you’re happy to air yours. I guess that’s something.