US Government is operating Hundreds of Cell-Site Simulators

Cell-site simulators allow authorities to obtain specific identifying information for the phone, including information that enables law enforcement to determine the location of the phone and its user

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The US Congress Oversight Committee published a report on the use of cell-site simulation technologies by law enforcement agencies.

"Cell-site simulators are devices that effectively transform a cell phone into a real-time tracking device," the report reads. "A cell-site simulator – also known as an 'IMSI catcher' – is a device that mimics a cell phone tower. These devices are commonly referred to as 'Stingrays,' which is both a generic name and also refers to a specific type of IMSI catcher that is manufactured by the Harris Corporation. When the device is activated, cell phones in the surrounding area connect to the device in a similar way that the cell phones would connect to a cell tower.

"Once a phone connects to the cell-site simulator, the device is capable of obtaining specific identifying information for the phone, including information that enables law enforcement to determine the location of the phone and, more importantly, its user. The devices were initially designed for the military, but were later adapted for domestic law enforcement. Law enforcement agencies usually operate them from moving vehicles or, to a lesser extent, from airplanes.

"Cell phones are designed to seek out and connect to the strongest cell phone tower they can find in their vicinity. Cell-site simulators work by impersonating a cell phone tower. Cell phones within range recognize the device as the strongest cell phone tower in the area and connect with the device.

"Every cell phone has a unique identifying number assigned by a device manufacturer or a cellular network provider called the International Mobile Subscriber Identity (IMSI). When the cell-site simulator connects with a cell phone, the simulator is able to identify that cell phone’s unique identifying number. In addition, most cell-site simulators have the ability to collect and store the IMSI numbers of all the phones they connect with in the area where they are deployed."

The following are the main findings of the report:

1. The Department of Justice has 310 cell-site simulation devices and spent more than $71 million in fiscal years 2010-14 on cell-site simulation technology.

2. The Department of Homeland Security has 124 cell-site simulation devices and spent more than $24 million in fiscal years 2010-14 on cell-site simulation technology.

3. DHS allows state and local law enforcement to purchase cell-site simulation technology using grants from the Preparedness Grant Program administered by the Federal Emergency Management Agency (FEMA), including the State Homeland Security Program, Law Enforcement Terrorism Prevention Program, Citizen Corps Program, Urban Areas Security Initiative, Emergency Management Performance Grants, Buffer Zone Protection Program, Transit Security Program, and the Intercity Passenger Rail Program.

4. DHS was able to identify more than $1.8 million in grant money to state and local law enforcement to purchase cell-site simulation technology, however DHS does not maintain a separate accounting of grant funds used to purchase cell site-simulators and the total amount may be higher.

5. Before DOJ and DHS issued their new and enhanced policies for the use of cell-site simulators—which now require a warrant supported by probable cause—federal law enforcement agencies had varying policies and most relied on a lower-than-probable cause standard for use of these devices in most, but not all, situations.

6. State laws continue to vary as to what court authorization is required before law enforcement can deploy cell-site simulators. Several states, including California, Washington, Virginia, Utah, and Illinois have passed laws requiring law enforcement agencies to obtain a warrant or order based on probable cause before deploying cell-site simulators, with varying exceptions.

7. In many cases, state and local law enforcement continue to rely on the state equivalent of a pen register/trap and trace order, which only requires law enforcement to meet a “relevance based standard” to use cell-site simulation devices, a standard lower than probable cause.

8. Costs of individual cell-site simulator devices ranged from $41,500 to as high as $500,000.

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