Senators Seek Information About DOJ Efforts to Better Inform Courts of Cell-Site Simulators

Concerned DOJ isn't fully informing courts about how cell-site simulators​ work and the technology's impact on Americans, four senators sent a letter Tuesday to Attorney General Jeff Sessions asking about the department's obligation on the issue. Sens. Al Franken, D-Minn., Patrick Leahy, D-Vt., Mike Lee, R-Utah, and Ron Wyden, D-Ore., said courts that approve surveillance orders for the technology, also known as StingRays, "may not realize the extent to which this technology may invade the privacy of Americans." The senators said the devices "send probing signals" to nearby residences, may disrupt networks and might prevent 911 calls from being made. When courts get the FBI's warrant application for use of StingRays, they may "incorrectly believe" the devices "merely incidentally" get signals from nearby cellphones when it's much more invasive, said the senators. They also disputed the agency's assertion that any service disruption caused by the technology is "brief and temporary." The senators asked Sessions to re-examine DOJ policy and require a complete description of the technology, how it works and its on cellular networks. They want a response by Aug. 25. DOJ said it received the letter but declined further comment. In February, bipartisan House and Senate bills were introduced that would establish rules around the use of cell-site simulators (see 1702150036). HR-1062/S-395 are still in committee.