In August 2012, the Metropolitan Police Department (MPD) in Washington, DC entered into a secret agreement with the FBI.
The MPD was promising not to disclose any details about its use of a highly controversial antiterrorism surveillance technology known as a Stingray. About the size of a suitcase, the Stingray simulates a cell phone tower and intercepts mobile phone calls and text messages.
The MPD also agreed that if the department learned that any technical details about the surveillance technology was at risk of being exposed during a judicial proceeding, MPD would contact the FBI so the bureau could ask MPD to “seek dismissal of the case” in order to continue protecting the overall secrecy of the Stingray.
The unusual and potentially illegal arrangement between the FBI and MPD was memorialized in a six-page non-disclosure agreement (NDA) signed by MPD Assistant Chief Peter Newsham [pdf at the end of this story] after the police department requested “certain wireless collection equipment/technology” — what is commonly called the Stingray — manufactured by Harris Corporation, a Florida-based defense contractor.
“Consistent with the conditions on the equipment authorization granted to Harris Corporation by the Federal Communications Commission (FCC), state and local law enforcement agencies must coördinate with the Federal Bureau of Investigation to complete this non-disclosure agreement prior to the acquisition and use of the equipment/technology authorized by the FCC authorization,” states the August 17, 2012 NDA sent to Newsham by the FBI.