July 31, 2025

Wyden, Lieu, Daines, and McClintock Reintroduce Legislation to Protect Americans from Warrantless Government Surveillance

The bill protects the rights of Americans by stopping agencies from using “stingray” phone surveillance to track mobile devices without a warrant

Washington, D.C. — U.S. Senator Ron Wyden, D-Ore., with Senator Steve Daines, R-Mont., and Representatives Ted Lieu, D-Calif., and Tom McClintock, R-Calif., reintroduced bipartisan, bicameral legislation today to defend Americans’ rights by requiring warrants to deploy cell site simulators, also known as “stingray” devices, which are used by law enforcement agencies to track individuals and identify all phones in an area.

The Cell Site Simulator Warrant Act creates clear legal standards for government agencies using stingray devices by requiring warrants and establishing penalties for unlawful surveillance.

“Law enforcement agencies need clear and transparent rules about when it’s acceptable to use stingray phone surveillance, so they can properly investigate crimes without endangering Americans' privacy or violating their constitutional rights,” Wyden said. “Our bipartisan bill protects Americans against warrantless stingray surveillance while setting clear rules for law enforcement about when and how they can use these devices.”

“The last thing Montanans want is big government surveillance, including from the use of cell site simulators,” Daines said. “Montana already has commonsense warrant requirements for stingray use, and I’m glad to join with my colleagues on this bipartisan bill to make Montana’s requirements the law of the land.”

“Our cell phones can contain all sorts of sensitive information — we need common sense solutions to ensure our data is protected,” Lieu said. “Cell site simulators (CSS) mimic cell towers and can be used by law enforcement to locate phones and collect large swaths of sensitive data from the public. I’m reintroducing this bipartisan legislation with my colleagues to set clear warrant requirements for using CSS and uphold the civil liberties of all Americans.”

The Cell Site Simulator Warrant Act would:

  • Establish a probable cause warrant requirement for federal, state, and local law enforcement agencies to use a CSS. Like wiretaps, CSS must be a last resort tool when other methods have or are likely to fail.

  • Permit emergency use, enabling the government to get a court order after the fact.

  • Require that judges be informed about all potential side effects, including jamming 9-1-1 calls, as determined by an independent lab, while weighing the government’s surveillance interests against the impact to the community and public safety.

  • Require that data collected using a CSS from bystanders’ devices be minimized.

  • Create similar rules for intelligence agencies’ use of CSS authorized by the Foreign Intelligence Surveillance Court, including targeting of Americans abroad.

  • Provide for fines up to $250,000 for entities that illegally operate a CSS, except for using a CSS by those engaged in good-faith research or teaching.

  • Provide individuals illegally surveilled with a private right of action.

  • Require annual Inspector General reports on federal agencies’ using CSS.

This legislation is the latest in Wyden’s years-long effort to conduct oversight in the government’s use of cell site simulators. In 2017, Wyden and other senators asked the Justice Department to update its policy to inform judges of the devices’ potential to interfere with 9-1-1 and other calls. In 2018, Wyden renewed that request, and later asked the Federal Communications Commission to ensure cell site simulators do not disrupt emergency calls.

The text of the bill is here.

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