I 

114TH CONGRESS 

1ST SESSION H. R. 3871 

To amend title 18, United States Code, to regulate the use of cell-site 

simulators, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 2, 2015 

Mr. CHAFFETZ (for himself, Mr. CONYERS, and Mr. WELCH) 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Stingray Privacy Act 

5 of 2015’’. 

6 SEC. 2. PROHIBITION ON CELL-SITE SIMULATOR USE. 

7 (a) IN GENERAL.—Chapter 205 of title 18, United 

8 States Code, is amended by adding at the end the fol9 lowing: 


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1 ‘‘§ 3119. Cell-site simulators 

2 ‘‘(a) PROHIBITION OF USE.—Except as provided in 

3 subsection (d), anyone who knowingly uses a cell-site sim4 ulator shall be punished as provided in subsection (b). 

5 ‘‘(b) PENALTY.—The punishment for an offense 

6 under subsection (a) is a fine under this title or imprison7 ment for not more than 10 years, or both. 

8 ‘‘(c) PROHIBITION OF USE AS EVIDENCE.—No infor9 mation acquired through the use of a cell-site simulator 

10 in violation of subsection (a), and no evidence derived 

11 therefrom, may be received in evidence in any trial, hear12 ing, or other proceeding in or before any court, grand jury, 

13 department, officer, agency, regulatory body, legislative 

14 committee, or other authority of the United States, a 

15 State, or a political subdivision thereof. 

16 ‘‘(d) EXCEPTIONS.—Subsection (a) does not apply to 

17 the following: 

18 ‘‘(1) WARRANT.—Use of a cell-site simulator by 

19 a governmental entity under a warrant issued under 

20 the procedures described in the Federal Rules of 

21 Criminal Procedure (or, in the case of a State court, 

22 issued under State warrant procedures) by a court 

23 of competent jurisdiction. 

24 ‘‘(2) FOREIGN INTELLIGENCE SURVEIL25 LANCE.—Use of a cell-site simulator by a govern26 mental entity to conduct electronic surveillance 


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1 under the Foreign Intelligence Service Act of 1978 

2 (50 U.S.C. 1801 et seq.). 

3 ‘‘(3) EMERGENCY.—Subject to subsection (e), 

4 use of a cell-site simulator by a governmental entity, 

5 if— 

6 ‘‘(A) such governmental entity reasonably 

7 determines an emergency exists that— 

8 ‘‘(i) involves— 

9 ‘‘(I) immediate danger of death 

10 or serious physical injury to any per11 son; 

12 ‘‘(II) conspiratorial activities 

13 threatening the national security in14 terest; or 

15 ‘‘(III) conspiratorial activities 

16 characteristic of organized crime; and 

17 ‘‘(ii) requires use of a cell-site simu18 lator before a warrant can, with due dili19 gence, be obtained; 

20 ‘‘(B) there are grounds upon which a war21 rant could be entered to authorize such use; 

22 and 

23 ‘‘(C) such governmental entity applies for 

24 a warrant approving such use not later than 48 

25 hours after such use begins. 


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1 ‘‘(e) TERMINATION OF EMERGENCY USE.— 

2 ‘‘(1) IN GENERAL.—A governmental entity shall 

3 immediately terminate use of a cell-site simulator 

4 under subsection (d)(3) when the information sought 

5 is obtained or when the application for a warrant is 

6 denied, whichever is earlier. 

7 ‘‘(2) PROHIBITION ON USE AS EVIDENCE.—If 

8 an application for a warrant under subsection (d)(3) 

9 is denied, any information or evidence derived from 

10 use of the cell-site simulator shall be subject to sub11 section (c) and an inventory shall be served on each 

12 person named in the application. 

13 ‘‘(f) DEFINITIONS.—As used in this section— 

14 ‘‘(1) the terms defined in section 2711 have, re15 spectively, the definitions given such terms in that 

16 section; and 

17 ‘‘(2) the term ‘cell-site simulator’ means any 

18 device that simulates facilities for the provision of 

19 electronic communication service.’’. 

20 (b) CONFORMING AMENDMENTS.—Section 3127 of 

21 title 18, United States Code, is amended— 

22 (1) in paragraph (3) by striking ‘‘but such term 

23 does not include any’’ and inserting ‘‘except such 

24 term does not include any cell-site simulator, as that 

25 term is defined in section 3119, or’’; and 


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1 (2) in paragraph (4) by striking ‘‘of any com2 munication’’ and inserting ‘‘of any communication, 

3 except such term does not include any cell-site simu4 lator, as that term is defined in section 3119’’. 

Æ 


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