ICE HSI, Secret Service Conducted Unlawful Cell Phone Surveillance: Report
An independent watchdog found that agencies within the Department of Homeland Security (DHS) conducted unlawful cell phone surveillance using cell-site simulators (CSS), which are commonly known as “stingrays.”
The report from the DHS Office of Inspector General detailed how agencies including U.S. Immigration and Customs Enforcement- Homeland Security Investigations (ICE HSI), and the U.S. Secret Service conducted surveillance using CSS without always following policy and federal statute.
That included not always obtaining court orders as required when using CSS during exigent circumstances.
Another concern raised by the OIG report is that ICE HSI did not adhere to DHS policy requiring a privacy impact assessment (PIA) before the use of CSS, since it is a privacy sensitive technology.
Privacy Concerns Surround Use of CSS
CSS are a type of surveillance gear that’s often used by law enforcement to locate alleged criminals. The technology mimics cell towers to trick nearby cell phones into connecting to them, which allows law enforcement to track real-time location. The simulators can also log the unique identifying numbers (ISMI numbers) of all mobile devices in the area.
Privacy advocates are concerned as the cell phones of people who have nothing to do with a criminal investigation are also identified when CSS are used. The simulators trap all cell phones within their radius.
CSS are also developed under strict non-disclosure agreements, which limit how much public knowledge there is of them.
Concerns Detailed in the Report
The DHS Inspector General report described two sets of problems.
ICE HSI and the Secret Service “did not correctly interpret” internal policies governing the use of CSS in emergency situations including one case where HSI said it did not believe it needed a warrant because a party had “provided consent.”
The other issue was with how the Secret Service and ICE HSI used CSS to support requests from local law enforcement agencies.
Redaction Criticized
The report redacts information on the total number of times agencies used CSS with and without a warrant.
The redaction was criticized in a blog post by the Electronic Frontier Foundation (EFF).
“The OIG should release this information to the public: knowing the aggregate totals would not harm any active investigation, but rather inform public debate over the agencies' reliance on this invasive technology. Make no mistake, cell-site simulators are mass surveillance that draws in the cell signal and collects data on every phone in the vicinity,” the EFF wrote.
The report contained six recommendations that were accepted by DHS. Those include recommendations to shore up internal policies and procedures to make sure the law and policies are followed.