[Updated] The Pasadena Public Safety Committee will hear a presentation from the Pasadena Police Dept. about a Cellular Site Simulator on Wednesday. The matter is for information only and no vote is scheduled.
A Cellular Site Simulator (CSS), also known as an International Mobile Subscriber Identity (IMSI) catcher or a Stingray, simulates a cell phone tower and tricks nearby mobile phones into connecting to it.
Simulators are among the latest law enforcement technologies to come under fire from activists worried about the possible erosion of the Fourth Amendment, which provides a reasonable expectation of privacy.
“Let’s be clear: this is a powerful new surveillance tool,” said Planning Commissioner Rick Cole, former City Manager of three Southern California cities. “There are three considerations for the Public Safety Committee and the Council. First, what balance will Pasadena strike between privacy and law enforcement tools? Second, who decides on that balance and is the decision-making process transparent? Third, who will monitor it?”
“With every new power comes new responsibility. Should considerations like these be within the scope of the new Community Policing Management Commission to advise the Council? I think all the Pasadena residents would sleep better if the Council made sure enough checks and balances were put in place in the beginning instead of waiting for potential abuse causing oversight after the fact. Then it would be too late to prevent controversy, lawsuits and actual damages.
Pasadena Today made several attempts for more information from the Pasadena Police Dept. about this technology and its use in Pasadena, but the officials of the Dept. declined to comment.
However, in the presentation prepared for the Committee, the department said that CSS is not a violation of privacy laws, and does not have the ability to listen to calls or read content.
The device can only be used when authorized and legally authorized, and requires search warrants, which must be approved and signed by a judge, according to the Department.
It only targets the target’s handset, and not any other device.
Funding for the cellular site simulator was reportedly identified through asset forfeiture and not from the City’s General Fund. Asset forfeiture is a legal process in which law enforcement agencies seize assets from people involved in crime or illegal activity. while ensuring that the due process rights of all property owners are protected.
The American Civil Liberties Union called the CSS device “mass surveillance technology” and said it raises “significant concerns about civil liberties and privacy.”
“In recent years, federal, state, and local officials have increasingly used mass surveillance technologies for domestic criminal and immigration enforcement — raising significant constitutional concerns, privacy, and civil liberties,” the American Civil Liberties Union said in a statement.
“In particular, authorities are now using cell site simulators – originally designed for military use – at home as a way to collect unique information about mobile devices in an area, tracking location phones, and intercept the content of certain communications. The Department of Justice, the Department of Homeland Security, and more than 50 state and local agencies have purchased these devices.”
Once connected, a CSS can intercept and collect data from the phone, including location data and potentially identifying information.
Police use the devices to locate suspects once they know their phone’s identifying information or to capture data on anyone in a specific area.
The device is usually installed in a car. Once the cell phone is tracked in a general location, a handheld device is used to track the cell phone to a specific room or person.
The device has been used successfully to catch criminals in other areas.
In 2015, ONE NOW reported that police in Baltimore and other cities have used phone trackers to arrest criminals suspected of a wide range of crimes from homicide to petty theft.
There are many other similar “success” stories. According to the police, it can also be used to help find the missing.
For the past few years, local activists have railed against technology that tracks gunshots and automatic plate readers.