FCC Defers to DHS on Calls for DC StingRay Investigation

The FCC is willing to investigate alongside the Department of Homeland Security if “particularized evidence” of unlawful use of cellsite simulators, often called StingRays, is found, FCC Chairman Ajit Pai wrote Friday to Rep. Eliot Engel, D-N.Y. (see 1806010056). Engel, Sen. Ron Wyden, D-Ore., and other lawmakers repeatedly pressed the FCC to investigate StingRay use in the U.S. and particularly Washington, D.C., with mounting evidence of activity from DHS. Pai told Engel, ranking member of the House Foreign Affairs Committee, DHS “has taken the lead in assessing the potential threat from certain uses of cell-site simulators,” and the agency identified the technology as “an existing and emerging threat.” If "we had particularized evidence that certain devices were being unlawfully used within the United States, we would of course investigate the matter alongside our federal partners and take all appropriate enforcement actions,” Pai wrote, noting DOJ and the FBI also are addressing the issue. Commissioner Jessica Rosenworcel responded that “cell phone surveillance devices have been detected in Washington near the White House. Today the @FCC declined to investigate. This makes no sense.” An FCC spokesman declined further comment.