Gathering and Using Cell Phone and Location Evidence in Criminal Cases Supplemental Materials

Transcription

1 Gathering and Using Cell Phone and Location Evidence in Criminal Cases Supplemental Materials 1. Definitions of Some Key Terms 2. Historical Cell-Site Location Information Subpoena Example 3. Non-Disclosure Agreement between the NYPD and the Harris Corporation

2 Definitions of Some Key Terms A-GPS Assisted Global Positioning System a combination of GPS and other location methods to get a more precise and accurate location of a device more quickly. Azimuth The azimuth of a sector is the compass direction toward which the radio antennas are pointed. For instance, an azimuth of 0º would have the radio antenna pointing due north. An azimuth of 120º would point southeast. Cell Phone Location Evidence for Legal Professionals- Understanding Cell Phone Location Evidence from the Warrant to the Courtroom by Larry Daniel. Call Detail Records (CDR) data kept by cell phone service providers that includes date, time, and phone numbers for calls and texts initiated or received for a specific subscriber. It will also include the subscriber information and may contain additional information such as historical CSLI. These records are kept by the service providers as business records. Cell-Site Simulator a device that can impersonate cell phone towers and, by sending signals to nearby cell phones, trick them into revealing their telephone numbers (mobile identification number), the unique numbers assigned to the phones by the manufacturer (electronic serial number), and cell phone location information and in some configurations, also numbers dialed, contents of text messages, and contents of calls. The devices are often colloquially referred to as Stingrays or Stingray Devices after a popular model made by the Harris Corporation. Memorandum: Warrant Requirement for the Use of Stingrays in New York by the New York Civil Liberties Union (August 2015). Cellebrite a leading mobile digital forensics company. Cellebrite Advanced Services (CAS) a Cellebrite service that uses a secretive method to unlock or crack phones that could not be unlocked by standard mobile forensics tools. E-911 Enhanced 911 the system used to provide 911 dispatchers the location of a caller using cell phone towers, triangulation, and/or GPS coordinates provided by the cell phone. Extraction the process of copying data from a mobile device and the resulting files. GPS Global Positioning System A system for determining position by comparing radio signals from several satellites. NIST Special Publication , Revision 1, Guidelines on Mobile Device Forensics. GPS Pinging a court ordered exploitation of the E-911 system the sends a signal to a cell phone to force the phone to provide its GPS coordinates to the phone company in real-time or near real-time without the customer calling 911 or being aware it is occurring GrayKey a law enforcement only device made by Grayshift that uses a secretive technique to unlock or crack iphones that cannot be unlocked by standard mobile forensics tools. Page 1 of 2

3 Historical Cell-Site Location Information (Historical CSLI) - the data kept by cell phone service companies that shows which cell phone tower was used by the subscriber when the subscriber made or received a call, text, and sometimes when data is used. Image An exact bit-stream copy of all electronic data on a device, performed in a manner that ensures the information is not altered. NIST Special Publication , Revision 1, Guidelines on Mobile Device Forensics. Sector the section of a cell tower that covers a specific area. Typically, each tower has three sectors covering 120º each. Spoofing in the context of cell phone calls, spoofing is the intentional falsification of the calling number to hide the caller s true number and identification from the receiving party. Stingray Devices Please see the definition of Cell-Site Simulator. Triangulation the use of multiple cell phone towers to more precisely and accurately locate a cell phone in real-time. Page 2 of 2

4 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS: CRIMINAL TERM, PART XX x THE PEOPLE OF THE STATE OF NEW YORK : SUBPOENA : DUCES TECUM -against- : : INDICTMENT NO. 0XXXX-20XX JOHN DOE, : Defendant. : x TO: T-Mobile Subpoena Compliance 4 Sylvan Way Parsippany, New Jersey Facsimile: (973) YOU ARE HEREBY COMMANDED, to reply in the Supreme Court of the State of New York, County of New York: Criminal Term located at 320 Jay Street, Brooklyn, New York 11201, in part XX on the 1st day of November, 2018, and any subsequent adjourned date to produce certain documents, reports, etc. listed below in the above-captioned case. DOCUMENTS REQUIRED: 1. Subscriber information for telephone number on DATE. 2. Call Detail Records (CDR) (including but not limited to dates, times, durations and numbers for incoming and outgoing calls and incoming and outgoing text messages, and data usage) for telephone number on DATE in Microsoft Excel format. Such records must also include the beginning and ending cell tower information with associated latitude and longitude, facing (sector), and azimuth (angle). 3. A list of all cell towers owned, serviced, or used by your company in the New York City area. YOUR PERSONAL APPEARANCE IS NOT REQUIRED if you provide the requested materials to the court at the following address on or before November 1, 2018: Supreme Court of NY, Kings County 320 Jay Street, Part XX Brooklyn, New York Subpoenaed Material/Hold for Clarence Darrow, Esq. Failure to comply with this subpoena is punishable as a contempt of court and shall make you liable to the person on whose behalf this subpoena was issued for a penalty not to exceed fifty dollars and all damages sustained by reason of your failure to comply. Dated: Brooklyn, New York October 18, 2018 Clarence Darrow, Esq. Law Offices of Clarence Darrow, LLC Attorney for Defendant 123 Fake Street Brooklyn, New York (555) @ .com

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