Police Use of Stingrays Said Likely to Violate Communications Act
Cellsite simulators (CS), or stingrays, as used by local law enforcement, likely violate the Communications Act, said Georgetown University Law School Institute for Public Representation Senior Counselor Andrew Schwartzman in a Tuesday blog post. “Even though state and local authorities…
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frequently use federal grants to purchase and deploy CS simulators, it would seem that these officials may not lawfully use them,” Schwartzman wrote in the Benton Foundation post. “Section 301 of the Communications Act prohibits the unauthorized use of any radio transmission device, including CS simulators. Section 301 does not apply to federal officials but since no FCC regulation allows operation of a CS simulator, its operation by state and local authorities (and, most certainly, any non-governmental user) [is] unlawful.” By all appearances, at least some CS simulators jam the signals of licensed carriers, he said: “There is no exception to this requirement for state and local government.”