Cell Location Privacy Act of 2017
This bill amends the federal criminal code to make it a crime to knowingly use a cell-site simulator. A violator is subject to a fine, a prison term of up to 10 years, or both.
The bill creates exceptions to allow a governmental entity to use a cell-site simulator in certain circumstances—pursuant to a warrant, to conduct electronic surveillance under the Foreign Intelligence Service Act of 1978, or in an emergency situation.
It prohibits the use of information unlawfully acquired from a cell-site simulator as evidence in a legal or official proceeding.
[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3341 Introduced in House (IH)]
<DOC>
115th CONGRESS
1st Session
H. R. 3341
To amend title 18, United States Code, to regulate the use of cell-site
simulators, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 20, 2017
Mr. Farenthold introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend title 18, United States Code, to regulate the use of cell-site
simulators, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cell Location Privacy Act of 2017''.
SEC. 2. PROHIBITION ON CELL-SITE SIMULATOR USE.
(a) In General.--Chapter 205 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 3119. Cell-site simulators
``(a) Prohibition of Use.--Except as provided in subsection (d),
anyone who knowingly uses a cell-site simulator shall be punished as
provided in subsection (b).
``(b) Penalty.--The punishment for an offense under subsection (a)
is a fine under this title or imprisonment for not more than 10 years,
or both.
``(c) Prohibition of Use as Evidence.--No information acquired
through the use of a cell-site simulator in violation of subsection
(a), and no evidence derived therefrom, may be received in evidence in
any trial, hearing, or other proceeding in or before any court, grand
jury, department, officer, agency, regulatory body, legislative
committee, or other authority of the United States, a State, or a
political subdivision thereof.
``(d) Exceptions.--Subsection (a) does not apply to the following:
``(1) Warrant.--Use of a cell-site simulator by a
governmental entity under a warrant issued under the procedures
described in the Federal Rules of Criminal Procedure (or, in
the case of a State court, issued under State warrant
procedures) by a court of competent jurisdiction.
``(2) Foreign intelligence surveillance.--Use of a cell-
site simulator by a governmental entity to conduct electronic
surveillance under the Foreign Intelligence Service Act of 1978
(50 U.S.C. 1801 et seq.).
``(3) Emergency.--Subject to subsection (e), use of a cell-
site simulator by a governmental entity, if--
``(A) such governmental entity reasonably
determines an emergency exists that--
``(i) involves--
``(I) immediate danger of death or
serious physical injury to any person;
``(II) conspiratorial activities
threatening the national security
interest; or
``(III) conspiratorial activities
characteristic of organized crime; and
``(ii) requires use of a cell-site
simulator before a warrant can, with due
diligence, be obtained;
``(B) there are grounds upon which a warrant could
be entered to authorize such use; and
``(C) such governmental entity applies for a
warrant approving such use not later than 48 hours
after such use begins.
``(e) Termination of Emergency Use.--
``(1) In general.--A governmental entity shall immediately
terminate use of a cell-site simulator under subsection (d)(3)
when the information sought is obtained or when the application
for a warrant is denied, whichever is earlier.
``(2) Prohibition on use as evidence.--If an application
for a warrant under subsection (d)(3) is denied, any
information or evidence derived from use of the cell-site
simulator shall be subject to subsection (c) and an inventory
shall be served on each person named in the application.
``(f) Definitions.--As used in this section--
``(1) the terms defined in section 2711 have, respectively,
the definitions given such terms in that section; and
``(2) the term `cell-site simulator' means any device that
simulates facilities for the provision of electronic
communication service.''.
(b) Conforming Amendments.--Section 3127 of title 18, United States
Code, is amended--
(1) in paragraph (3) by striking ``but such term does not
include any'' and inserting ``except such term does not include
any cell-site simulator, as that term is defined in section
3119, or''; and
(2) in paragraph (4) by striking ``of any communication''
and inserting ``of any communication, except such term does not
include any cell-site simulator, as that term is defined in
section 3119''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.
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