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The Office of the Inspector General (OIG) has advised that the U.S. Secret Service and U.S. Immigration and Customs Enforcement (ICE HSI) do not necessarily comply with federal regulations and Cell Site Simulator (CSS) policies when using CSS during communications. discovered. Criminal investigations involving emergencies. The OIG also found that ICE HSI did not comply with the Department’s privacy policy and applicable federal privacy laws when using CSS.
CSS is used by the Department of Homeland Security (DHS) law enforcement component to provide real-time cellular device location for research purposes. This allows law enforcement to identify both the subject of investigation and the victim.
In the cases investigated by the OIG, a search warrant was obtained for the use of CSS. However, Watchdog notes that the Secret Service and ICE HSI do not always obtain the court orders required by CSS policy and federal law when using CSS during investigations involving dire situations. said.
The OIG says there are two reasons for this. First, the CSS Policy does not contain sufficiently detailed guidance on working with external law enforcement agencies. Second, the Secret Service and ICE HSI did not correctly interpret the CSS policy, which reflects the statutory requirement to obtain a court order before using CSS. Also, in an emergency, I filed for a court order within 48 hours of installing or initiating the installation of CSS.
Additionally, the OIG found that ICE HSI did not comply with DHS’ privacy policy and the Electronic Government Act of 2002. CSS is a privacy-friendly technology and requires an approved Privacy Impact Assessment (PIA) prior to use. Resource limitations and personnel changes have slowed the PIA review and clearance process, ICE officials said. DHS approved his PIA related to ICE HSI CSS in January 2022, but prior to this approval, DHS may not have identified and mitigated the privacy risks associated with using CSS. I have.
The OIG recommends that the Secret Service and ICE HSI take corrective action to ensure that CSS is used in accordance with federal law and DHS policy. DHS agreed with all recommendations.
Read the full report on OIG
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