Chairman Wheeler: FCC has minimal jurisdiction over surveillance tool

The Federal Communications Commission lacks oversight of so-called stingray surveillance devices once they are in the hands of law enforcement, FCC Chairman Tom Wheeler said.

He said the commission certifies the devices, which collect location information from cellphones, if they are being made for law enforcement use. "And then from that point on, its usage was a matter of law enforcement, not a matter of the technological question of whether or not the piece of hardware interfered with other [radio frequency] devices," he said. Chairman Wheeler did say the commission could have authority over the "unauthorized use" of the device, such as one that was sold illegally outside law enforcement circles. "I think that we would have enforcement jurisdiction on an unauthorized use of an RF device if in fact it were being used illegally," he said.