Senate Judiciary Committee Chairman Charles E. Grassley (R., Iowa) and ranking member Patrick Leahy (D., Vt.) asked the Department of Homeland Security today to establish a default warrant requirement for the use of cell-site simulators, which are also called IMSI (international mobile subscriber identity) catchers or sometimes “Stingray” devices.

Their letter to DHS Secretary Jeh Johnson comes only weeks after the Department of Justice announced a more stringent policy for its use of cell-site simulators, including requiring law enforcement authorities to obtain a search warrant before using the devices, although exceptions would be permitted in certain circumstances (TRDaily, Sept. 3).

DoJ said “[t]here are limited exceptions in the policy for exigent circumstances or exceptional circumstances where the law does not require a search warrant and circumstances make obtaining a search warrant impracticable. Department components will be required to track and report the number of times the technology is deployed under these exceptions.” Those exceptions have drawn concern from civil liberties groups.

“We have previously expressed concerns about the privacy implications of these devices, as well as the inconsistent practices and policies across federal, state and local agencies that employ them,” Sens. Grassley and Leahy wrote in their letter to Mr. Johnson today. “In light of reports that DHS also is working on a Department-wide policy to govern the use of cell-site simulators, we urge you to adopt a default warrant requirement, as DOJ did, but to avoid any ill-defined and potentially overbroad exceptions to that warrant requirement.  We also remain concerned about the use of cell-site simulators by state and local agencies, which previously have been required to sign non-disclosure agreements when purchasing this equipment.”

The lawmakers asked Mr. Johnson to arrange a briefing for them by Oct. 9 and provide answers to a number of questions, including details on the status of the DHS policy guidance review, when it will be publicly released, whether it will establish a default warrant requirement, and whether DHS loans cell-site simulators to state and local agencies and places any conditions on their use. – Paul Kirby, paul.kirby@wolterskluwer.com

Courtesy TRDaily