“A bill to amend title 18, United States Code, to regulate the use of cell-site simulators, and for other purposes.”
No CRS summary available for this bill.
This section amends the definitions of "pen register" and "trap and trace device" in 18 U.S.C. §3127(3) and (4) to exclude any cell-site simulator, as defined in new §3119 (i.e., a device that mimics a cell tower to capture mobile device signals for location tracking and identification). It further adds §3119 to chapter 205 of title 18, U.S. Code (which governs court-authorized installation of pen registers and trap and trace devices to collect non-content dialing, routing, addressing, or signaling information). New §3119(a) prohibits (1) any individual or entity from knowingly using a cell-site simulator in the U.S. and (2) any intelligence community element from using one outside the U.S. if the subject is a U.S. person, subject to exceptions in subsection (d); violations are punishable by a fine of up to $250,000. Subsection (c) generally bars evidence obtained from unlawful use in any U.S., state, or local proceeding (with an exception for prosecuting the violation itself). Subsection (d) authorizes law enforcement use under (1) a court warrant (issued by a court of competent jurisdiction using Federal Rules of Criminal Procedure or equivalent state/military procedures) requiring the agency to demonstrate necessity (i.e., other methods tried and failed or unlikely to succeed/safe), the narrowest area of effect and time of operation, and compliance with the Communications Act of 1934 and FCC rules; warrants are limited to 30 days initially (with 30-day extensions upon reapplication), starting on the earlier of first use or 10 days after issuance, and terminate upon achieving the objective or at 30 days; courts must weigh law enforcement needs against risks and public safety; or (2) in emergencies involving immediate danger of death or serious physical injury. (Thus, cell-site simulators—which can incidentally collect data from non-target devices—require a heightened warrant process beyond standard pen register/trap and trace orders.)