Title: Cell Location Privacy Act of 2017
Policy area: Crime and Law Enforcement

Summary:

Cell Location Privacy Act of 2017
This bill amends the federal criminal code to make it a crime to knowingly use a cell-site simulator. A violator is subject to a fine, a prison term of up to 10 years, or both.
The bill creates exceptions to allow a governmental entity to use a cell-site simulator in certain circumstances—pursuant to a warrant, to conduct electronic surveillance under the Foreign Intelligence Service Act of 1978, or in an emergency situation.
It prohibits the use of information unlawfully acquired from a cell-site simulator as evidence in a legal or official proceeding.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1061 Introduced in House (IH)]

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115th CONGRESS
  1st Session
                                H. R. 1061

To amend title 18, United States Code, to regulate the use of cell-site 
                  simulators, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 15, 2017

  Mr. Chaffetz (for himself, Mr. Conyers, Mr. Farenthold, Mr. Poe of 
Texas, 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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Cell Location Privacy Act of 2017''.

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

    (a) In General.--Chapter 205 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 3119. Cell-site simulators
    ``(a) Prohibition of Use.--Except as provided in subsection (d), 
anyone who knowingly uses a cell-site simulator shall be punished as 
provided in subsection (b).
    ``(b) Penalty.--The punishment for an offense under subsection (a) 
is a fine under this title or imprisonment for not more than 10 years, 
or both.
    ``(c) Prohibition of Use as Evidence.--No information acquired 
through the use of a cell-site simulator in violation of subsection 
(a), and no evidence derived therefrom, may be received in evidence in 
any trial, hearing, or other proceeding in or before any court, grand 
jury, department, officer, agency, regulatory body, legislative 
committee, or other authority of the United States, a State, or a 
political subdivision thereof.
    ``(d) Exceptions.--Subsection (a) does not apply to the following:
            ``(1) Warrant.--Use of a cell-site simulator by a 
        governmental entity under a warrant issued under the procedures 
        described in the Federal Rules of Criminal Procedure (or, in 
        the case of a State court, issued under State warrant 
        procedures) by a court of competent jurisdiction.
            ``(2) Foreign intelligence surveillance.--Use of a cell-
        site simulator by a governmental entity to conduct electronic 
        surveillance under the Foreign Intelligence Service Act of 1978 
        (50 U.S.C. 1801 et seq.).
            ``(3) Emergency.--Subject to subsection (e), use of a cell-
        site simulator by a governmental entity, if--
                    ``(A) such governmental entity reasonably 
                determines an emergency exists that--
                            ``(i) involves--
                                    ``(I) immediate danger of death or 
                                serious physical injury to any person;
                                    ``(II) conspiratorial activities 
                                threatening the national security 
                                interest; or
                                    ``(III) conspiratorial activities 
                                characteristic of organized crime; and
                            ``(ii) requires use of a cell-site 
                        simulator before a warrant can, with due 
                        diligence, be obtained;
                    ``(B) there are grounds upon which a warrant could 
                be entered to authorize such use; and
                    ``(C) such governmental entity applies for a 
                warrant approving such use not later than 48 hours 
                after such use begins.
    ``(e) Termination of Emergency Use.--
            ``(1) In general.--A governmental entity shall immediately 
        terminate use of a cell-site simulator under subsection (d)(3) 
        when the information sought is obtained or when the application 
        for a warrant is denied, whichever is earlier.
            ``(2) Prohibition on use as evidence.--If an application 
        for a warrant under subsection (d)(3) is denied, any 
        information or evidence derived from use of the cell-site 
        simulator shall be subject to subsection (c) and an inventory 
        shall be served on each person named in the application.
    ``(f) Definitions.--As used in this section--
            ``(1) the terms defined in section 2711 have, respectively, 
        the definitions given such terms in that section; and
            ``(2) the term `cell-site simulator' means any device that 
        simulates facilities for the provision of electronic 
        communication service.''.
    (b) Conforming Amendments.--Section 3127 of title 18, United States 
Code, is amended--
            (1) in paragraph (3) by striking ``but such term does not 
        include any'' and inserting ``except such term does not include 
        any cell-site simulator, as that term is defined in section 
        3119, or''; and
            (2) in paragraph (4) by striking ``of any communication'' 
        and inserting ``of any communication, except such term does not 
        include any cell-site simulator, as that term is defined in 
        section 3119''.
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