Legislators privacy fight coincides with FCC complaint

A complaint against the Baltimore Police Department filed by civil liberties groups could become part of a battle in Congress over privacy protections.

{mosads}Several groups jointly filed the complaint to the Federal Communications Commission (FCC) over concerns that Baltimore police are using cellphone jamming technology, known as stingrays, that can collect location data from people’s devices. The Center for Media Justice, Color Of Change and New America’s Open Technology Institute allege that this is in violation of the Communications Act.

The fallout from the battle between these civil liberties groups and Baltimore police could fan the flames of a fight over privacy legislation that’s already been happening in Congress, reports Morning Consult.

Lawmakers such as Rep. Zoe Lofgren (D-Calif.) and Sen. Ron Wyden (D-Ore.) are pushing for policies that would require law enforcement officials to procure warrants before geo-tracking individuals with such technologies as stingray phone trackers or information from telecommunications companies.

“I’m going to continue to push my GPS Act, which would protect Americans’ liberty and end uncertainty for law enforcement,” Wyden told Morning Consult in reference to S.237, a bill he sponsored along with Sens. Dick Durbin (D-Ill.) and Mark Kirk (R-Ill.).

Lofgren is sponsoring legislation in the House that would require police to have a warrant before obtaining geolocation data on cellphone users from telecommunications companies.

Though the complaint was filed to the FCC, the issue will ultimately have to be adjudicated through legislation. 

An FCC official told Morning Consult in a statement that agency doesn’t determine who gets to use the devices in question, but simply whether the devices meet their requirements for controlling radio interference. The FCC is still investigating the complaint, but a past notice would suggest that law enforcement doesn’t meet such requirements.

“We must closely evaluate any issue that has the potential to undermine the trust between the Baltimore City Police Department and the communities it serves,” Rep. Elijah Cummings, whose district extends into much of Baltimore, said in an emailed statement to Morning Consult.

“Right now, building that trust must be our top priority as we work toward successful police reform in Baltimore.”