This bill would add a new federal rule about cell-site simulators. A "cell-site simulator" is defined as any device that works like or pretends to be a cellphone base station to find, locate, or intercept signals from phones. The bill would make it illegal to knowingly use a cell-site simulator in the United States except in specific situations. A person or entity that breaks the rule could be fined up to $250,000.
The bill says information collected by an unlawful use of a cell-site simulator cannot be used as evidence in court, with a narrow exception for cases about that unlawful use itself. It creates many exceptions where use is allowed, including when a law enforcement agency has a warrant, in some emergencies, for research, for protective services, for contraband interdiction systems in correctional facilities, for testing and training, and for FCC testing.
Warrants for using a cell-site simulator must meet special rules. The requester must show other methods were tried and failed or are unlikely to succeed or are too dangerous. The warrant must state the likely area affected, the time of use, and certify the area and time are the narrowest needed. Courts must weigh law enforcement needs against likely negative side effects and cannot approve uses that would put public safety at risk or unreasonably hurt the community. Warrants generally may not authorize use for more than 30 days; extensions are limited and courts review the same factors.
The bill requires applicants to disclose possible disruptions to phone services (including emergency calls and certain hotlines), to have the specific device model inspected by an FCC-recognized lab, and to describe steps to limit disruption. In emergencies, agencies may use a simulator but generally must apply for a warrant within 48 hours and stop use if the warrant is denied or the information sought is obtained. The Attorney General must adopt minimization procedures to limit collection and retention of information about people who are not targets and must publish those procedures. Any information obtained through a cell-site simulator and used in a case must be given to the defendant in that case.
The bill limits what can be collected to information identifying nearby electronic devices and the strength and direction of their signals. Intercepts of communications and tracking use must follow existing wiretap, tracking, or FISA requirements as applicable. The bill allows people who were subjected to unlawful use to sue for relief, including damages (actual damages, statutory damages up to $500 per violation), and attorney fees. Inspectors general for several agencies must submit annual reports to Congress with counts and details about uses and compliance. The FCC must start any needed rulemaking within 180 days. Most of the bill becomes effective two years after enactment, with possible three-year extensions for models already in use if the Attorney General certifies more time is needed.
No publicly available information on federal budgetary costs or estimated fiscal impact is included in the bill text.
Known monetary provisions in the bill text:
No publicly available information.
No publicly available information.