Security News > 2023 > March > Secret Service, ICE break the law over and over with fake cell tower spying

The US Secret Service and Immigration and Customs Enforcement agencies have failed to follow the law and official policy regarding the use of cell-site simulators, according to a government audit.

The Department of Homeland Security Office of the Inspector General looked at CSS deployment by the Secret Service and ICE and found, "Secret Service and ICE HSI did not always adhere to Federal statute and CSS policies when using CSS during investigations involving exigent circumstances."

In October 2015 Alejandro Mayorkas, then Deputy Secretary of DHS and currently Secretary of DHS, issued a policy memorandum [PDF] stating that the department "Must use cell-site simulators in a manner that is consistent with the requirements and protections of the Constitution, including the Fourth Amendment, and applicable statutory authorities, including the Pen Register Statute."

By 2017, the Secret Service and ICE had each formulated policies incorporating the DHS directive.

The Department of Justice says [PDF] that while it has in the past "Obtained authorization to use a cell-site simulator by seeking an order pursuant to the Pen Register Statute" - which does not require a probable cause warrant - "As a matter of policy, law enforcement agencies must now obtain a search warrant supported by probable cause and issued pursuant to Rule 41 of the Federal Rules of Criminal Procedure."

Freddy Martinez, a senior researcher with POGO, told The Register in a phone interview that since the Carpenter decision, most jurisdictions have some sort of warrant requirement.

News URL

https://go.theregister.com/feed/www.theregister.com/2023/03/04/dhs_secret_service_ice_stingray/