Sen. Charles E. Grassley (R., Iowa), chairman of the Senate Judiciary Committee, and Sen. Patrick Leahy (D., Vt.), the committee’s ranking member, have asked the Department of Justice again to provide details about the involvement of DoJ and the Federal Bureau of Investigation in using cellphone tracking technology.

In a June 24 letter to Attorney General Loretta Lynch released today, the senators noted that they wrote DoJ last December and again in March to seek information about the use and testing of IMSI (international mobile subscriber identity) catchers such as Stingrays or other devices that mimic cell sites to collect information. They said they have not received written responses to all of their questions.

“On March 18, 2015, we wrote your office a letter asking for clarification of the policy regarding the use of these devices to intercept and collect the contents of communications, but we have not received a written response specific to this question.  Also in that letter, we inquired about a Wall Street Journal article that reported that the United States Marshals Service (‘USMS’) field-tested various versions of this technology in the United States from 2004 to 2008 on behalf of the Central Intelligence Agency (‘CIA’),” the senators noted. “Since then, a USMS whistleblower has contacted the Committee and stated that from 2004 to 2006, the USMS tested these devices in at least three American cities. Specifically, the devices were reportedly employed from airplanes that interacted with the signals of real cell-phones and captured their serial numbers – all without seeking a court order and without targeting a fugitive.  If true, this report raises additional concerns and is not consistent with the USMS’ previous representations about these devices.”

In the latest letter, the senators asked DoJ to respond by today to questions in their March letter and two questions in their December letter and to also provide information about the FBI’s use of the technology.

“Does FBI policy ever permit the reconfiguration of cell-site simulators to intercept and collect the content of communications?” Sens. Grassley and Leahy asked. If it does, the senators want to know how often this has occurred, what level of FBI approval is required to do this, and what type of court order is obtained.- Paul Kirby, paul.kirby@wolterskluwer.com