Cell site simulators are law enforcement tools that mimic cellular phone towers. They use technology to get surrounding mobile phones to respond to them, bypassing the nearest tower and seizing the serial number from each phone. Reports have indicated that it is also possible to use them to obtain the content of emails and text messages.
Senator Patrick Leahy, the Ranking Member of the Judiciary Committee, and I are asking the U.S. Attorney General, Eric Holder, and the Secretary of Homeland Security, Jeh Johnson, about law enforcement’s use of this technology. The Judiciary Committee needs a broader understanding of the full range of law enforcement agencies that use this technology, the legal process that the departments of Justice and Homeland Security employ prior to using them, and the policies in place to protect the privacy interests of those whose information might be collected using these devices.
I’m concerned about whether law enforcement agencies, at federal, state and local levels, are appropriately balancing security and privacy. Based on news reports, it appears that these devices have been used with little transparency or accountability.
The goal is to learn exactly how the devices are being used, to determine what legal authorities the agencies are using, and to explore to what extent the policies governing their use are sufficient to protect the privacy of third parties who aren’t the target.