House Oversight and Government Reform Committee urges clearer guidance on cellphone technology

Clearer guidelines are needed for law enforcement's use of secretive and intrusive cellphone tracking technology, and police and federal agents should be upfront with a judge about their deployment, the House Oversight and Government Reform Committee said in a report.

The report examines the use of cell-site simulators by federal, state and local law enforcement agencies. The technology works by mimicking a cellphone tower, allowing law enforcement to collect basic data — such as a unique subscriber number — from cellphones in a particular area or neighborhood. The data can help police determine the location of a targeted phone without the user even making a call or sending a text message. The surveillance devices have been broadly adopted by police departments and federal agencies, which see them as vital in helping track the location of criminal suspects. But the technology has raised Fourth Amendment concerns among privacy advocates for its ability to collect data not only about the targets of an investigation but also innocent bystanders who happen to be within range of the simulator device.