Lawmakers Seek to Restrict Police Use of Stingray Technology

Legislation Proposed to Restrict Police Use of IMSI Catchers

Democratic Senator Ron Wyden and Representative Ted Lieu are set to introduce legislation today, as reported by BuzzFeed News, aimed at limiting law enforcement’s deployment of international mobile subscriber identity (IMSI) catchers.

Understanding IMSI Catchers and Their Use

Frequently referred to as Stingrays, IMSI catchers and cell-site simulators are tools utilized by police to gather information on individuals and intercept various forms of communication, including calls and SMS messages. Currently, US law enforcement does not mandate a warrant for the use of this technology.

How Cell-Site Simulators Function

IMSI catchers operate by mimicking cellular towers, compelling mobile phones to connect to them. Upon connection, these devices can harvest data transmitted by the phone, such as its location and the subscriber identity key.

Concerns Regarding Cell-Site Simulator Deployment

Cell-site simulators present a dual challenge. Firstly, they function as broad surveillance tools. When deployed in densely populated areas, IMSI catchers can inadvertently collect data from uninvolved individuals. Secondly, they can potentially jeopardize public safety.

This safety risk arises because, while mimicking a cell tower, an IMSI catcher lacks the functionality to transfer calls to a public wireless network. Consequently, it can obstruct a phone's ability to connect to emergency services like 9-1-1.

Despite these inherent risks, the use of these devices remains widespread. A 2018 investigation by the American Civil Liberties Union revealed that at least 75 agencies across 27 states and the District of Columbia possessed IMSI catchers.

The Cell-Site Simulator Act of 2021

The proposed legislation, the Cell-Site Simulator Act of 2021, seeks to address these concerns by requiring law enforcement agencies to justify their use of the technology before a judge.

Agencies would be obligated to demonstrate why alternative surveillance methods are insufficient. Furthermore, the bill aims to ensure the deletion of any data collected from individuals not specifically named in a warrant.

Limitations and Exceptions

While the bill doesn’t specify a time limit for IMSI catcher usage, it encourages agencies to employ the devices for the shortest duration possible. Exceptions are also outlined, allowing police to utilize the technology without a warrant in specific scenarios.

For example, the legislation would permit the use of IMSI catchers in situations like bomb threats, where the technology could potentially prevent remote detonation.

Statements of Support

Senator Ron Wyden stated to BuzzFeed News, “Our bipartisan bill ends the secrecy and uncertainty around Stingrays and other cell-site simulators and replaces it with clear, transparent rules for when the government can use these invasive surveillance devices.”

Bipartisan Support and Endorsements

The bill has garnered support from members of both parties. Senator Steve Daines of Montana and Representative Tom McClintock of California are co-sponsoring the proposed legislation.

Organizations dedicated to digital rights, including the Electronic Frontier Foundation and the Electronic Privacy Information Center, have also voiced their endorsement of the bill.

This article was originally published on Engadget.