California bill requires warrant for stingray use

A California state bill that would require a warrant to access all kinds of digital data passed its first hurdle after being approved by the Senate Public Safety Committee. Among other sweeping new requirements to enhance digital privacy, the bill notably imposes a warrant requirement before police can access nearly any type of digital data produced by or contained within a device or service. In other words, that would include any use of a stingray, also known as a cell-site simulator, which can not only used to determine a phone’s location, but can also intercept calls and text messages.

During the act of locating a phone, stingrays also sweep up information about nearby phones -- not just the target phone. If the California Electronic Communications Privacy Act (CalECPA) passes the California State Senate and the State Assembly, and is signed by the governor, it would mark a notable change for law enforcement in America’s most populous state. However, passage is not a sure thing. Previous versions of the bill were vetoed by the governor twice in 2012 and again in 2013. The bill was introduced in February 2015 by State Senator Mark Leno (D-San Francisco). Texas and other states already have similar laws on the books, while revision to the federal Electronic Communications Privacy Act (ECPA) has stalled for years. California law enforcement agencies, like others nationwide, have been cagey as to how stingray use is requested and carried out.