Rep. Jason Chaffetz (R-UT) has introduced the Stingray Privacy Act (H.R. 3871), a bill that would limit the use of cell site simulators by federal government agencies, as well as state and local law enforcement. Original cosponsors of this legislation include House Judiciary Committee Ranking Member John Conyers (D-MI), and Rep. Peter Welch (D-VT). Cell-site simulators, also often known as “stingrays,” imitate cell towers and force nearby wireless devices to establish a connection with it. The simulator can then scan the connected devices to find a target, and use the signal from the target device to pinpoint its location. H.R. 3871 codifies recent guidance from the Department of Justice (DOJ) and Department of Homeland Security (DHS) on the use of cell-site simulators for criminal investigations. The bill would generally require law enforcement officials to obtain warrants before using cell-site simulators, but includes an exception that allows for warrantless Stingray use when required by national security or situations governed by the Foreign Intelligence Surveillance Act (FISA), which allows wiretapping of certain foreigners without warrants.
