Chaffetz Introduces Legislation to Address Government Use of Cell Site Simulators

Press Release

Today, Congressman Jason Chaffetz introduced bipartisan legislation limiting the use of cell-site simulators, commonly known as "Stingrays". H.R. 3871, The Stingray Privacy Act, codifies recent guidance from the Department of Justice (DOJ) and Department Homeland Security (DHS). This bill limits the use of cell site simulators by government agencies as well as state and local law enforcement.

Original cosponsors of this legislation include House Judiciary Committee Ranking Member John Conyers (D-MI), and Rep. Peter Welch (D-VT).

Additionally, recent press reports indicate that federal law enforcement agencies other than DOJ and DHS may be using cell-site simulation devices, including the IRS. As chairman of the House Oversight Committee, Rep. Chaffetz recently opened an investigation into this issue.

"The abuse of Stingrays and other cell site simulators by individuals, including law enforcement, could enable gross violations of privacy," said Chaffetz. "The fact that law enforcement agencies, and non-law enforcement agencies such as the IRS, have invested in these devices raises serious questions about who is using this technology and why. These questions demonstrate the need for strict guidelines that carry the weight of the law."

Unlike the GPS Act (H.R. 491), which creates the legal framework for collecting geolocation data, H.R. 3871 regulates the actual physical device used by law enforcement, federal agencies, and individuals. This bill would require law enforcement to obtain a warrant before deploying a cell site simulator consistent with recently issued federal guidance and the 4th Amendment to the Constitution. H.R. 3871 does provide targeted exceptions for exigent circumstances and foreign intelligence surveillance.

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