The Stingray NDA: full transcription
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Find out if your local police department owns one, and the public records request built specifically to get past the standard denial.
Get the dossier: $10 instant download →Disclosing the existence of and the capabilities provided by the equipment to the public would reveal sensitive technological capabilities possessed by the law enforcement community and may allow individuals who are the subject of investigation wherein this equipment is used to employ countermeasures to avoid detection or apprehension. Therefore, any information concerning the equipment, its associated software, operating manuals, and any documentation regarding the equipment and its use, shall be protected from potential compromise by precluding disclosure of this information to the public in any manner.
Previously released versions of the FBI's NDA went so far as to require police to drop charges in criminal cases rather than disclose that they used the technology.
Individuals assigned to a particular investigation read and acknowledged the FBI's Nondisclosure agreement regarding the use of the cell site simulator.
Serious reservations about signing a nondisclosure agreement, because its terms could place our prosecutors in a position of compromising their statutory and ethical duties.
Disclosing whether it has any nondisclosure agreements about cell site simulators would disclose the existence or non-existence of non-public law enforcement techniques, procedures, and/or guidelines.
This transcription covers the core NDA language and the surrounding institutional record confirming its enforcement and consequences. The full case record, including additional released emails and court filings from multiple jurisdictions, is available through the ACLU case archive linked below.
Case: ACLU v. FBI, FOIA litigation for cell-site simulator non-disclosure agreement records.
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