The New York Police Department is looking to implement a new artificial intelligence-driven technology designed to function like a mobile cell phone tower, enhancing their ability to quickly locate suspects. However, this development has sparked concerns among critics who fear it may allow for the monitoring of innocent residents.
The proposed system, called FalcoNet, operates as a cell-site simulator that can be installed on police vehicles or drones, and even concealed within a backpack. This technology is developed by Cognyte, an Israeli tech company, with the NYPD on the verge of finalizing a three-year, $750,500 contract for its use.
This portable simulator mimics a traditional cell tower, connecting to nearby cell phones and capturing the unique identification numbers associated with each device. This data can then be traced back to the respective users.
Cognyte has faced scrutiny from human rights organizations for its collaborations with governments known to misuse surveillance technology against political dissidents. The introduction of FalcoNet has elicited further criticism from civil liberties advocates, who are apprehensive about its potential for unconstitutionally surveilling individuals who are not under investigation.
Daniel Schwarz, a senior privacy and technology strategist with the New York Civil Liberties Union, voiced concerns over the NYPD’s commitment to transparency and the protection of residents' privacy rights. He emphasized that cell-site simulators necessitate warrants due to their invasive nature and raised alarms about FalcoNet's additional undisclosed AI features capable of analyzing individual behaviors.
Cognyte did not provide a response when approached for comments on the situation.
Currently, the NYPD uses other cell-site simulators for tracking suspects, as well as locating individuals who are missing or in crisis. A spokesperson remarked that FalcoNet has been assessed as the most effective option available for the department's needs.
Highlighting a specific case, the spokesperson referenced an incident on February 9 when the police successfully rescued a 15-year-old girl who had been abducted from a Queens group home, aided significantly by tracking her distressing text messages.
Should this contract be authorized, the NYPD claims FalcoNet will not be utilized to intercept phone calls or access text messages from individuals who are not part of ongoing investigations, nor will such information be shared with other agencies.
The department enforces a stringent policy governing the use of cell-site simulators, mandating that warrants be secured prior to their deployment in investigations. In urgent situations involving missing persons or those threatening suicide, officers may proceed without a warrant but are required to document the necessity and acquire a warrant within 48 hours of the technology's use.
Only a select group of four personnel from the NYPD's Technical Assistance Response Unit (TARU) will be authorized to operate the FalcoNet system, utilizing laptops that run on a secure, independent network as outlined in departmental guidelines.
Jerome Greco, a supervising attorney with The Legal Aid Society’s Digital Forensics Unit, expressed that concerns over FalcoNet's application are legitimate, recalling a decade-old revelation that the NYPD had deployed cell-site simulators over 1,000 times without formalized policies or warrants.
“The NYPD asserts that this technology won't be used for intercepting content,” Greco noted. “However, there is no way to guarantee that conclusively.”
While the NYPD publishes reports on drone usage, details regarding its cell phone tracking applications are not readily available, and critics argue that this will remain unchanged should the Cognyte contract move forward.
Eleni Manis, research director for the Surveillance Technology Oversight Project (STOP), pointed out the lack of detail in reporting the individual uses of cell-site simulators, which hampers accountability for targeted individuals.
The city is currently evaluating public feedback regarding the contract before making a final decision on its approval. A spokesperson from City Hall confirmed that the proposed contract is under review.
The NYPD has historically faced challenges with AI technologies, recently announcing a review following revelations that officers improperly accessed the controversial Flock Safety license plate reader network—despite lacking a formal contract with the provider—over 1,700 times.
