Cell-Site Simulator Warrant Act: Protecting Privacy, Regulating Surveillance Devices
This act establishes new rules for law enforcement's use of cell-site simulators, generally prohibiting their use without a court warrant to protect citizens' privacy. It outlines strict conditions for obtaining warrants, including demonstrating the failure of other investigative methods and disclosing potential disruptions to emergency calls. Exceptions are made for emergencies and foreign intelligence, but with stringent oversight and reporting requirements.
Key points
Court Warrant Required: Law enforcement must obtain a court warrant to use cell-site simulators, enhancing privacy protections for individuals.
Strict Warrant Conditions: Warrants will only be issued if other investigative methods have failed or are too dangerous, and must specify the device's operational area and time.
Emergency Call Protection: Applications for warrants must disclose potential disruptions to emergency services (e.g., 911 calls) and outline mitigation strategies.
Citizen Notification: Individuals whose devices were affected by a cell-site simulator will be notified, unless a court determines otherwise.
Exclusion of Evidence: Illegally obtained information cannot be used in court, preventing misuse of these devices.
Emergency Exceptions: Use without a warrant is permitted in life-threatening emergencies, kidnappings, or national security threats, but requires a subsequent warrant application.
Prison Contraband Interdiction: Systems to detect illegal phones in correctional facilities are allowed under specific conditions and testing requirements.
Oversight and Reporting: Inspectors General will annually report to Congress on compliance with these new regulations, increasing transparency and accountability.
Expired
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