Cell tower simulators known as “stingrays,” used by law enforcement to track criminal suspects, have caused concern among privacy advocates since the publication of documents released by the Electronic Privacy Information Center in 2013.
The simulators can “locate, interfere with, and even intercept communications from cell phones and other wireless devices,” by posing as legitimate cell towers, according to EPIC.
While the Justice Department refuses to acknowledge the existence of a stingray program, the FBI insists it obtains a search warrant prior to launching any stingray aircraft.
In a letter addressed to Attorney General Eric Holder and Secretary of Homeland Security Jeh Johnson, Senators Patrick J. Leahy and Charles E. Grassley, expressed their concerns for citizen privacy.
“The Judiciary Committee needs a broader understanding of the full range of law enforcement agencies that use this technology, the policies in place to protect the privacy interests of those whose information might be collected using these devices, and the legal process that DOJ and DHS entities seek prior to using them.”
The senators want information about the FBI’s deployment of stingrays, as well as details about what the agency does with any information it collects.
They are particularly worried about a large number of warrant exemptions the FBI has at its disposal. According to the senators, the FBI is not required to produce a warrant if the case involves imminent danger, a fugitive, or if the technology is used in public places where there is “no reasonable expectation of privacy.”
In the 2012 case United States v. Rigmaiden, Daniel Rigmaiden was indicted on conspiracy based on data received from a trap and trace device, similar to a cell tower simulator. While the government argued that Rigmaiden was not in a location with a reasonable expectation of privacy, Rigmaiden was, in fact, in his apartment.
In the meantime, an app developed by German security researchers lets users know if any stingray surveillance is occurring in their area. Called SnoopSnitch, the Android app bills itself as a “catcher catcher.”
Congress has showed an increased interest lately in challenging the Obama administration’s security plans. Last month, Senate Republicans filibustered to halt the renewal of an NSA program which collects phone data.
