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SALT LAKE CITY — Government agencies and local police wouldn't be able to wield controversial technology for capturing cellphone communications and location data without a warrant under a bill Rep. Jason Chaffetz has introduced in Congress.
The Utah Republican teamed with two Democrats on legislation to limit the use of cell cite simulators commonly known as stingrays. The House Government Oversight Committee, which Chaffetz heads, has also opened an investigation into how the suitcase-size surveillance system is used.
"The abuse of stingrays and other cell site simulators by individuals, including law enforcement, could enable gross violations of privacy," he said.
Stingrays, sometimes called "dirtboxes," mimic cellphone towers and send out signals to trick cellphones into transmitting their locations and identifying information. While police might use the device to track suspected criminals, they also intercept data from the phones of others who happen to be in the area.
The American Civil Liberties Union has identified 57 state and local police departments in 22 states that own the expensive technology. Utah is not among them. Federal agencies such as the FBI, IRS and the U.S. Marshals Service have them as well.
In Utah
But that doesn't mean Utah law enforcement agencies haven't used stingrays.
The Unified Police Department, for one, turns to the U.S. Marshals Service to deploy the device for its investigations, said Unified Police Lt. Lex Bell. He estimates the department has used it less than five times, typically in serious crimes such as homicides, and has obtained warrants in those cases.
Utah, in fact, was one of the first states to restrict use of stingrays. State lawmakers last year overwhelmingly passed a bill requiring police to get a warrant before using the device or collecting electronic communication data from companies.
- Sometimes called "dirtboxes"
- Mimic cellphone towers
- House Government Oversight Committee investigating use
- 57 state and local police departments in 22 states own them
- Utah one of the first states to restrict use
Federal and local police actively try to hide stingray use from public scrutiny, according to the American Civil Liberties Union. The technology was developed for the military and intelligence community.
"The fact that law enforcement agencies, and non-law enforcement agencies such as the IRS, have invested in these devices raises serious questions about who is using this technology and why," Chaffetz said. "These questions demonstrate the need for strict guidelines that carry the weight of law."
The Justice Department and Homeland Security recently adopted policies for using cell site simulators, including getting a probable cause search warrant, except for in exigent circumstances such as protecting a human life or in hot pursuit of a fleeing felon.
In addition to Chaffetz, chief co-sponsors of the legislation are House Judiciary Committee ranking member Rep. John Conyers, D-Mich., and Rep. Peter Welch, D-Vt.
Contributing: Pat Reavy
