Looks like privacy concerns will continue to dominate in 2015.
Sen. Patrick Leahy (D-Vt.) and Sen. Chuck Grassley (R-Iowa), the leaders of the Senate Judiciary Committee, are demanding more information about an FBI program that collects unsuspecting Americans’ cellphone data using technology similar to cellular towers.
They wrote a letter to Attorney General Eric Holder and Homeland Security Department Secretary Jeh Johnson:
For example, we understand that the FBI’s new policy requires FBI agents to obtain a search warrant whenever a cell-site simulator is used as part of an FBI investigation or operation, unless one of several exceptions apply, including (among others): (1) cases that pose an imminent danger to public safety, (2) cases that involve a fugitive, or (3) cases in which the technology is used in public places or other locations at which the FBI deems there is no reasonable expectation of privacy.
We have concerns about the scope of the exceptions. Specifically, we are concerned about whether the FBI and other law enforcement agencies have adequately considered the privacy interests of other individuals who are not the targets of the interception, but whose information is nevertheless being collected when these devices are being used. We understand that the FBI believes that it can address these interests by maintaining that information for a short period of time and purging the information after it has been collected. But there is a question as to whether this sufficiently safeguards privacy interests.”
Leahy and Grassley’s staffs have been briefed twice on the topic since June, but their letter said they had a lot more questions particularly on how other agencies are using the technology.
