HARTFORD, Conn. (AP) — Law enforcement cellphone tracking devices are coming under scrutiny in several states, where lawmakers have introduced proposals ranging from warrant requirements to an outright ban on the technology.
Privacy and constitutional concerns, including Fourth Amendment search and seizure violations, are being cited with the proposed laws on cell-site simulators.
The suitcase-size devices, widely known under the brand name Stingray, mimic cellphone towers and allow law enforcement to collect unique subscriber numbers and other basic data from cellphones in a particular area. The data can help police determine the location of a targeted phone without the users even making calls or sending text messages.
Law enforcement officials said the devices are vital in helping to find suspects and victims, and to solve crimes.
At least 13 states already require warrants to track cellphones in real time: California, Colorado, Florida, Illinois, Indiana, Maine, Maryland, Minnesota, Montana, New Hampshire, New Jersey, Utah and Virginia.
Federal law enforcement officers also must get warrants, under policies put in place in 2015 by the departments of Justice and Homeland Security.
Courts around the country, meanwhile, have issued conflicting opinions about whether warrants are needed for cellphone location data, leading to a hodgepodge of rules.
Bills addressing use of the devices are now pending in at least eight states, according to a review by The Associated Press. Most of them would require police to get warrants.
This year, lawmakers in at least six states are proposing bills to require warrants to use cellphone surveillance devices: Connecticut, Mississippi, Missouri, New Hampshire, New York and Oregon. A California bill would require local governments to approve the use of cell-site simulators and other surveillance technology.
Last month, the U.S. House Oversight and Government Reform Committee issued a report calling for clearer guidelines.
“There’s still a real pressing need for states to regulate this technology,” said Nathan Freed Wessler, staff attorney for the ACLU’s speech, privacy and technology project. “These devices are extraordinarily powerful and invasive. They can very precisely track where people’s phones are, and knowing where someone’s phone is can tell you a lot about them.”
