New federal requirements on cellphone surveillance
Sep-04-2015

Federal law enforcement officials will be routinely required to get a search warrant before using secretive and intrusive cellphone-tracking technology under a new Justice Department policy announced Thursday.

The policy represents the first effort to create a uniform legal standard for federal authorities using equipment known as cell-site simulators, which tracks cellphones used by suspects.

It comes amid concerns from privacy groups and lawmakers that the technology, which is now widely used by local police departments, is infringing on privacy rights and is being used without proper accountability.

"The policy is really designed to address our practices, and to really try to promote transparency and consistency and accountability - all while being mindful of the public's privacy interest," Deputy Attorney General Sally Yates told reporters in announcing the policy change.

The policy applies only to federal agencies within the Justice Department and not, as some privacy advocates had hoped, to state and local law enforcement whose use of the equipment has stirred particular concern and scrutiny from local judges.

The technology - also known as a Stingray, a suitcase-sized device - can sweep up basic cellphone data from a neighborhood by tricking phones in the area to believe that it's a cell tower, allowing it to identify unique subscriber numbers. The data is then transmitted to the police, helping them determine the location of a phone without the user even making a call or sending a text message.

The equipment used by the Justice Department does not collect the content of communications.

Even as federal law enforcement officials tout the technology as a vital tool to catch fugitives and kidnapping suspects, privacy groups have raised alarms about the secrecy surrounding its use and the collection of cellphone information of innocent bystanders who happen to be in a particular neighborhood or location.

In creating the new policy the Justice Department was mindful of those concerns and also sought to address inconsistent practices among different federal agencies and offices, Yates said.

"We understand that people have a concern about their private information, and particularly folks who are not the subjects or targets of investigations," Yates said.

The new policy requires a warrant in most cases, except for emergencies like an immediate national security threat, as well as unspecified "exceptional circumstances." The warrant applications are to set out how the technology will be used.

In addition, authorities will be required to delete data that's been collected once they have the information they need, and are expected to provide training to employees.

The policy could act as a blueprint for state and local law enforcement agencies in developing their own regulations. But it's unclear how broad an impact Thursday's announcement will have, since it does not directly affect local police agencies unless they're working alongside federal authorities on a case or relying on their assistance.

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