0
Cell-Site Simulator Warrant Act of 2021
12/31/2022, 5:03 AM
Summary of Bill HR 4022
The bill requires law enforcement agencies to obtain a warrant before using a cell-site simulator, except in emergency situations where obtaining a warrant is not feasible. The warrant must specify the nature and location of the information to be collected, as well as the duration of the surveillance.
Additionally, the bill requires law enforcement agencies to delete any information collected that is not relevant to the investigation within a certain timeframe. It also prohibits the use of cell-site simulators to collect the content of communications, such as phone calls or text messages. Overall, the Cell-Site Simulator Warrant Act of 2021 aims to protect the privacy rights of individuals while still allowing law enforcement agencies to use this technology in a responsible and transparent manner.
Congressional Summary of HR 4022
Cell-Site Simulator Warrant Act of 2021
This bill establishes a federal statutory framework to regulate the use of cell-site simulators. Cell-site simulators (commonly known as Stingrays) are devices that function as or simulate a cell-phone tower to identify, locate, or intercept transmissions from a cell phone for purposes other than providing ordinary commercial mobile services or private mobile services.
The framework generally prohibits the knowing use of a cell-site simulator domestically by an individual or entity or the use of a cell-site simulator by an element of the intelligence community outside the United States to conduct surveillance of a U.S. person. It imposes a civil fine on an individual or entity that violates the prohibition and restricts the use of unlawfully acquired information as evidence in a legal proceeding or official proceeding.
The framework contains exceptions to permit the use of a cell-site simulator in certain circumstances, such as by a law enforcement agency pursuant to a warrant or by an element of the intelligence community to conduct surveillance under the Foreign Intelligence Surveillance Act of 1978.
Finally, an individual who is the subject of unlawful use of a cell-site simulator may bring a private right of action.
