State Sen. Daniel Biss (D-Evanston) moderates a panel at Lorraine H. Morton Civic Center. The senator’s bill limiting cell phone surveillance devices is currently under review by a House committee.

A bill sponsored by state Sen. Daniel Biss (D-Evanston) limiting police use of cell phone surveillance devices in response to criticism of the devices by civil liberties advocates passed in the Illinois Senate last week.

The devices mimic cell towers and allow police departments around the country to record phone numbers and track a user’s location with or without a warrant. Commonly known by the brand Stingray, the devices are small enough to fit into a suitcase and mimic the electronic behavior of a cell tower, getting mobile phones within range to send the phone’s number and location, as well as to route calls and text messages through the device.

The bill, which was written with the help of the American Civil Liberties Union’s Illinois chapter, would limit a police department’s ability to use Stingrays for indiscriminate surveillance.

“(Stingrays) were originally designed for use in a military setting. It’s only appropriate that we provide the right kind of regulation,” said Ed Yohnka, the director of communications and public policy for the ACLU of Illinois.

Although a warrant is required to use the device to track a specific cell phone in real time, the devices collect data from every single phone in their vicinity, not just the targeted phone. Their indiscriminate nature has led to campaigns against the devices by the ACLU.

The bill –– which was passed by the state Senate on April 19 –– has had eight senators and 23 representatives sponsor the bill. It would require police departments that operate Stingrays with the purpose of tracking a known communication device to delete all non-target data within 24 hours and require officers to obtain a new warrant if they use the Stingray to identify a new device of interest.

Additionally, the law would make it illegal for officers to view the data from cell phones not specifically named in a warrant.

“As advances in technology enable police to more efficiently investigate and solve crimes, it’s important that we help them to know they are following state law and the parameters of the Constitution,” Biss said in a statement.

Evanston police Cmdr. Joseph Dugan said the Evanston Police Department does not have a Stingray device. However, police departments around the country –– including the Chicago Police Department –– have denied using Stingrays, but later investigations have revealed that they do use the devices, according to a report by CBS Chicago.

The Illinois State Police are believed to possess one of the devices, although it is unclear if it has been used, Yohnka said.

The bill is currently being reviewed by the Judiciary Criminal Committee in the Illinois House.

“As long as there aren’t any exigent circumstances, where time would be of an essence, I don’t think (the bill) would present an issue,” Dugan said. “Once you have all the numbers and you determine which one you need and which ones are not useful, then you destroy them, seems reasonable.”

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