[Infowarrior] - Feds proposed the secret phone database used by local Virginia cops

[Richard Forno]

Feds proposed the secret phone database used by local Virginia cops

New docs: Prosecutors offered one-stop shop for seized phone data in Virginia.

by Cyrus Farivar - Nov 21 2014, 8:00am EST

A Virginia-based law enforcement data sharing ring, which allows signatory police agencies to share and analyze seized "telephone intelligence information," was first proposed by federal prosecutors, according to new documents obtained by Ars. Federal involvement suggests that there could be more such databases in other parts of the country.

"It’s unsurprising to see the feds encouraging local law enforcement agencies to create these localized databases," Hanni Fakhoury, a staff attorney with the Electronic Frontier Foundation, told Ars. "In fact, there’s a whole division within the Department of Justice that focuses on educating and advancing local law enforcement interests, the National Institute of Justice. And so I would imagine there are others."

As Ars reported last month, according to a memorandum of understanding (MOU) first published by the Center for Investigative Reporting, the police departments from Hampton, Newport News, Norfolk, Chesapeake, and Suffolk all participate in something called the "Hampton Roads Telephone Analysis Sharing Network," or HRTASN.

The database compiles both content copied from phones and metadata gleaned from phone usage—some obtained under the authority of a warrant, some via a court order, and some via a mere subpoena. Some state legal experts have questioned whether such an umbrella database is legal under Virginia law. Rob Poggenklass, a staff attorney at the American Civil Liberties Union of Virginia, told Ars that he believes the database is in violation of Virginia's Government Data Collection and Dissemination Practices Act.

A document that Ars recently obtained under a public records request from the City of Norfolk shows that an analyst from the United States Attorney’s Office in the Eastern District of Virginia was, in fact, the creator of HRTASN. That document, which appears to date from 2011, is called "A Proposal for Creation of the Hampton Roads Telephone Intercept Sharing Network."

The 13-page presentation was authored by Paul Swartz, an investigative analyst. His LinkedIn profile indicates that, prior to joining the federal government, Swartz worked for over 20 years at the Newport News Police Department, retiring at the rank of sergeant. Swartz initially did not return Ars’ requests for comment, but then referred Ars to Joshua Stueve, a US Attorney's Office spokesman, who also did not respond to requests for comment.

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http://arstechnica.com/tech-policy/2014/11/feds-proposed-the-secret-phone-database-used-by-local-virginia-cops/

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