CRITICS NOT SATISFIED WITH DHS CELL CHANGES

The Hill
Overnight: Technology

CRITICS NOT SATISFIED WITH DHS CELL CHANGES:

Sen. Patrick Leahy (D-Vt.) called a new Department of Homeland Security policy to require search warrants before using cell site simulators a "positive first step." Be he pointed to a "problematic exception" that allows the Secret Service and others to avoid obtaining a warrant to use the technology in "exceptional circumstances." The American Civil Liberties Union similarly said the policy is "riddled with loopholes



Secret Service gets warrant exception from cellphone spying

The Department of Homeland Security will require a search warrant going forward before using cell cite simulators, which are small devices that can identify mobile phone signals and place their general location.

The department pointed to Secret Service protection of the president and other important individuals as an exception to the warrant rule, where the facts on the ground make obtaining a search warrant "impracticable."

Those "exceptional circumstances" with the Secret Service, however, would still force the department to comply with Pen Register laws, which generally requires prior court approval except in emergencies. It must also get approval from executive-level personnel and the Justice Department.

"USSS personnel use this technology in support of its protective and investigative missions, and in its joint law enforcement operations with state and local law enforcement," said Seth Stodder, an assistant secretary at the Department.

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http://thehill.com/policy/technology/257605-secret-service-gets-warrant-exception-from-cellphone-spying



Law enforcement: Phone spying software not capable of collecting content

Cell phone spying technology used by federal law enforcement will not have the software capability to scoop up individuals' actual communications, like texts or pictures, law enforcement officials said Tuesday.

Officials from the Justice Department and the Department of Homeland Security (DHS) told lawmakers the devices will not be configured to collect the actual content from people's phones.

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http://thehill.com/policy/257652-law-enforcement-phone-spying-software-not-capable-of-collecting-content