Karl Baker

The News Journal

Police who use a controversial cellphone surveillance tool called a Stingray without a warrant could face up to 10 years in prison if a bill introduced to Congress this month becomes law.

The device, originally developed for national intelligence agencies, has been adopted by local police across the United States, including in Delaware.

U.S. Rep. Jason Chaffetz, R-Utah, sponsored the Cell Location Privacy Act of 2017 on Feb. 15.

If passed, it would ban the use of the device, also called a cell-site simulator, which can collect information from phones within its vicinity. Law enforcement use would be allowed only after obtaining a warrant.

The penalty for violations would be a fine "or imprisonment for not more than 10 years, or both."

"Congress has an obligation to act quickly to protect Americans from violations of their privacy made possible by emerging technologies," Chaffetz said last week in a statement.

The News Journal last year reported the Delaware State Police had paid Melbourne, Florida-based Harris Corp. nearly $1 million for the technology, which works by tricking mobile phones to connect to it rather than the nearest tower – without the knowledge of users.

For the story, The News Journal requested court orders that had authorized cell-site simulator use by Delaware judges through the Freedom of Information Act, but the state police said none existed. State police did not comment for that story but later said officers have always sought legal authority from state court judges before using Stingrays.

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Chaffetz, the chair of the House Committee on Oversight and Government Reform, has introduced numerous bills that could limit law enforcement surveillance. He has also been criticized by Democrats over what they say is his reluctance to investigate the financial interests of members of the White House.

Contact Karl Baker at (302) 324-2329 or kbaker@delawareonline.com. Follow him on Twitter @kbaker6.