“Stingray” Cell Phone Surveillance Bill Introduced

Bipartisan lawmakers introduced legislation to require the government to get a warrant to deploy cell site simulators, also known as stingrays. The devices are used by law enforcement agencies to track individuals and identify all the phones in an area.

Sen. Ron Wyden (D-OR), Rep. Ted Lieu (D-CA), Sen. Steve Daines (R-MT), and Rep. Tom McClintock (R-CA), introduced the Cell Site Simulator Warrant Act. They say the measure, if passed, would end overlapping, confusing policies and laws at the federal, state and local levels by creating clear legal standards for use of cell site simulators by any government agency.  

“Cell site simulators (CSS) are incredibly powerful tools that mimic cell towers and, in an often overly broad way, trick phones into giving up sensitive data,” Lieu said. He calls the details of the measure “common sense limitations on how these surveillance devices can be used.”

The bill is supported by civil liberties advocates, including the Electronic Frontier Foundation, Electronic Privacy Information Center, Public Citizen and Public Knowledge.

The Cell Site Simulator Warrant Act:

• Establishes a probable cause warrant requirement for federal, state and local law enforcement agencies to use a CSS. Like wiretaps, CSS must be a tool of last resort, used when other methods have or are likely to fail.
• Permits emergency use, enabling the government to get a court order after the fact.
• Requires that judges be informed about all potential side effects, including jamming 911 calls, as determined by an independent lab, and requires judges to weigh the government’s surveillance interests against the impact to the community and public safety.
• Requires that data collected using a CSS from bystanders’ devices be minimized.
• Creates similar rules for intelligence agencies’ use of CSS authorized by the Foreign Intelligence Surveillance Court, including targeting of Americans abroad.
• Provides for fines up to $250,000 for entities that illegally operate a CSS, but with an exception for use of a CSS by those engaged in good-faith research or teaching.
• Provides for a private right of action by individuals who were illegally surveilled.
• Requires annual Inspector General reports on federal agencies’ use of CSS.