The Houston Police Department sought City Council approval Tuesday to again spend hundreds of thousands of dollars on surveillance equipment commonly known as a Stingray - a device capable of acting as a fake cell tower and forcing phones in the vicinity to indiscriminately give up call log and location information.

The department wants to use a $495,021 federal grant to purchase updated technology from Harris Corp., a request similar to ones the city has approved several times since 2007. This time, people are paying a bit more attention. The request comes as the infamously secretive Stingrays have entered into conversations about electronic privacy and constitutional rights nationwide, and two bills addressing their use have been filed in the state Legislature.

The HPD says the equipment is needed to "prevent acts of terrorism" and "apprehend wanted felons." The upgrade, including two pieces of electronic hardware, a laptop controller and related software, would replace an older model. Police have repeated assurances their Stingray use does not violate Fourth Amendment protections against unreasonable search and seizure and that they seek prosecutorial and judicial authorization beforehand, although Harris County prosecutor Bill Exley has said most in the District Attorney's Office are unfamiliar with the device. A nondisclosure agreement keeps much unknown about how Stingrays are operated.

During public comment Tuesday, activists butted heads with councilmen C.O. Bradford, a former police chief, and Ed Gonzalez, a former police officer.

"We don't need to spend half a million dollars on something police are unwilling to discuss," said Kevin Wambold, one of a few who had concerns about civil liberties.

'We shouldn't do it'

Bradford suggested those concerns were for Congress to address: "Right now, we don't have the authority to do ..."

" - Then we shouldn't do it," Wambold interrupted.

Gonzalez said in his personal experience with the HPD, he had only seen Stingrays used to save lives, not against groups such as protesters, which activists mentioned as a danger.

In Texas, nothing requires police to obtain a warrant before deploying a Stingray. Rep. Dwayne Bohac, R-Houston, filed a bill that would change that, mandating warrants and greater public disclosure.

In the Senate, Sen. Craig Estes, R-Wichita Falls, and Sen. Rodney Ellis, D-Houston, are co-sponsoring a bill that also extends judicial oversight to Stingrays, and would require agencies to collect information such as the frequency of use and number of resulting arrests. Both bills exempt scenarios where a life is at immediate risk.

Special training

The HPD request states the Stingray will "allow the surveillance of radio frequencies."

An FAQ document prepared for the council meeting states the equipment does not allow law enforcement to listen or read transmitted content. It also claims "this equipment does not collect or store metadata" - information including location and call history. If that's the case, it's unclear what the cell site simulators would be used to do.

"It's incorrect," said Derrick Broze, an activist and freelance reporter, of the metadata claim. "That's exactly what [a Stingray] is designed to do."

Asked to explain, HPD spokeswoman Jodi Silva said, "honestly, the answer speaks for itself," and provided a general, previously prepared statement.

Only trained officers in a specialized unit handle the equipment, police said. Ray Hunt, president of the Houston Police Officers' Union, also addressed the council, saying that despite the Stingray name, there was nothing to fear. Details of undercover investigations cannot be disclosed without rendering them ineffective, he said.

Council is scheduled to vote Wednesday.