WASHINGTON – The U.S. Justice Department today issued new policy on the use of cell-site simulators after Senate Judiciary Committee Chairman Chuck Grassley raised concerns about a lack of transparency and of oversight controls.
“It’s good that, in response to my inquiries, the Department of Justice has now committed to a transparent and uniform policy requiring agents to fully inform and seek approval from judges on the use of cell-site simulators. The policy also establishes timelines for destroying any data collected by these devices, which will ensure greater oversight and accountability. These devices are important tools used by law enforcement to help keep communities safe. I’ll be studying the details of the policy to determine if it sufficiently protects the privacy of Americans, and closely examining how it’s adhered to going forward. In addition, while this technology is being used at all levels of law enforcement, it’s important to realize that this policy doesn’t at all affect the use of these devices by state and local authorities,” Grassley said.
The Justice Department’s announcement establishes department-wide policy, requiring federal law enforcement officers to obtain judicial approval—in most cases, a warrant—before deploying technology that mimics a cell phone tower to track the movement of cell phones in a given area. Federal officers must also provide judges with greater detail about how the technology works and how it will be used when seeking such approval.
The federal policy also requires that officers regularly erase any data collected through the use of these devices, and prohibits the collection of the contents of any communications.
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