The Department of Homeland Security’s Inspector General has released a troubling new report detailing how federal agencies like Immigration and Customs Enforcement (ICE), Homeland Security Investigations (HSI), and the Secret Service have conducted surveillance using cell-site simulators (CSS) without proper authorization and in violation of the law. Specifically, the office of the Inspector General found that these agencies did not adhere to federal privacy policy governing the use of CSS and failed to obtain special orders required before using these types of surveillance devices.
Even under exigent circumstances, where law enforcement use of technologies that track cell-phone use are deemed immediately necessary, law enforcement must still get a pen register order. The pen register order is required by statute and policy even though exigency otherwise excuses police from having to obtain a conventional warrant. The Inspector General noted that the agencies didn’t follow the rules in these cases either.
Cell-site simulators, also known as “Stingrays” or IMSI catchers, are devices that masquerade as legitimate cell-phone towers, tricking phones within a certain radius into connecting to the device rather than a tower.
Cell-site simulators operate by conducting a general search of all cell phones within the device’s radius, in violation of basic constitutional protections. Law enforcement use cell-site simulators to pinpoint the location of phones with greater accuracy than phone companies. Cell-site simulators can also log IMSI numbers (unique identifying numbers) of all o
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