SurveillanceIRS commissioner confirms agency employs cellphone tracking devices

Published 30 October 2015

IRS commissioner John Koskinen on Tuesday confirmed to lawmakers that his agency employed StingRay cellphone tracking devices. Koskinen said that the agency’s use of StingRay devices is limited to its criminal investigations division, which is responsible of investigating money laundering, terrorism, and organized crime cases. “It can only be used with a court order. It can only be used based on probable cause of criminal activity,” Koskinen said, the Hill reports. “It is not used in civil matters at all,” he continued. “It’s not used by other employees of the IRS.”

Internal Revenue Service logo // Source: ntis.gov

IRS commissioner John Koskinen on Tuesday confirmed to lawmakers that his agency employed StingRay cellphone tracking devices. The story was firstreported in the Guardian.

The paper obtained documents through a Freedom of Information Act (FOIA) request, which show that in 2012 the IRS paid StingRay manufacturer Harris Corporation $65,652 on upgrading its device, and an additional $6,000 for training of IRS personnel.

In response to questions from members of the Senate Finance Committee, Koskinen said that the agency’s use of StingRay devices is limited to its criminal investigations division, which is responsible of investigating money laundering, terrorism, and organized crime cases.

“It can only be used with a court order. It can only be used based on probable cause of criminal activity,” Koskinen said, the Hill reports. “It is not used in civil matters at all,” he continued. “It’s not used by other employees of the IRS.”

Privacy advocates have criticized the StingRay devices and the secretive manner in which federal agencies — and law enforcement in twenty-two states – have used them, but Koskinen said they were helpful in solving crimes.

“What it does is primarily allow you to see point-to-point where communications are taking place,” Koskinen said. “It does not allow you to overhear…voice communications.” He added, “You may pick up texting…but I would stress: It follows the Justice Department rules.”

Newsweek reports that last month the Justice Department announced a change of policy, requiring its law enforcement agencies to obtain a warrant before using the devices. The policy allowed for two exceptions: in “exigent circumstances,” such as in “the need to protect human life or avert serious injury,” and in “exceptional circumstances” when the law does not require a search warrant and circumstances make obtaining a search warrant impracticable.”

Privacu advocates contend these exceptions are too broad.

Marcy Wheeler noted in her EmptyWheel blog post that the use of Stingrays by the IRS came to light during legal proceedings against Daniel Rigmaiden, who, in 2008, was charged by the IRS of tax fraud. Rigmaiden’s lawyers requested that information related to the government’s secretive method for catching him – StingRay — be released so he could use it in his defense

“I was not surprised to learn the IRS had its own cellular surveillance equipment,” Rigmaiden told Newsweek. “The IRS has a criminal investigation unit that performs law enforcement operations similar to the Secret Service or FBI.  It can pretty much be assumed at this point that law enforcement everywhere can track and locate cellphones.”