New Rules for Cell-Site Simulator Use by Law Enforcement
This act introduces strict new rules for law enforcement and intelligence agencies regarding the use of cell-site simulators (often called 'stingrays'). It limits their use, generally requiring a court warrant, which aims to protect citizens' privacy. The act also specifies when and how information collected this way can be used, and sets penalties for illegal use.
Key points
Warrant Requirement: Law enforcement will generally need a court warrant to use cell-site simulators, enhancing privacy protections for citizens.
Data Minimization: The act mandates minimizing the collection of data from individuals not targeted by an investigation, and requires the destruction of such collected data.
Notice of Surveillance: Individuals whose devices were affected by a simulator may be notified, increasing transparency in government operations.
Exceptions to Warrant: Use without a warrant is permitted only in emergencies (e.g., immediate danger of death) or for protective services, but often requires subsequent approval.
Penalties for Illegal Use: Illegal use of a cell-site simulator can result in a fine of up to $250,000.
Civil Action Option: Citizens whose privacy is violated by unlawful simulator use can file a civil lawsuit for damages.
Prison Use: Cell-site simulators for contraband interdiction in correctional facilities are permitted under specific conditions to prevent illegal phone use.
Introduced
Citizen Poll