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6.1.D. - Page 12 <br /> Legislation <br /> The California Constitution provides for a citizen's right to privacy.17 State lawmakers are <br /> addressing this right as it relates to surveillance systems. In 2015, California lawmakers passed <br /> two laws concerning surveillance.18 <br /> • SB 741 (2015) Mobile Communications: Privacy" <br /> "Cell-site simulators," sometimes called International Mobile Subscriber Identity_(IMSI) <br /> catchers or Stingrays, trick cellphones into connecting to them as they would to a local <br /> cellphone tower. This connection enables the simulator to capture an IMSI number(a <br /> unique number used to identify a user on the cellular network), the current location, and <br /> perhaps the content of the conversation. In general, law enforcement uses cell-site <br /> simulators to locate known suspects. A cell-site simulator casts a wide net, collecting all <br /> the IMSI numbers in an area until it locates the IMSI number that law enforcement is <br /> searching for. Also swept up are the location and IMSI numbers of all cellphones that <br /> happen to be nearby.20 <br /> Effective January 1, 2016, SB 741, written by Senator Jerry Hill, D— San Mateo, imposes <br /> restrictions and requirements on data collected by cell-site simulators and how those data <br /> are managed and shared. According to the Electronic Frontier Foundation,21 any public <br /> agency using a cell-site simulator must: <br /> • Secure and protect the collected data from"unauthorized access, destruction, use, <br /> modification, or disclosure."22 <br /> • Adopt a usage and privacy policy that is "consistent with respect for any <br /> individual's privacy and civil liberties.1123 <br /> • Obtain approval of the legislative body(for example, the City Council)to acquire <br /> such systems and alert the community about the device through a public process. <br /> This requirement does not apply to Sheriff's Offices, which must instead provide <br /> public notice online that they have acquired such devices.24 <br /> Note: None of the respondents to the Grand Jury's survey currently use or have plans to <br /> acquire a cell-site simulator. <br /> 17 California Constitution,Section 1. <br /> https://Ieginfolegislature.ca.gov/faces/codes_displayText.xhtm171awCode=CONS&division=&title=&parr&chapter=&article=I. <br /> 18 ACLU of Northern California Making Smart Decisions about Surveillance:A Guide for community Transparency, <br /> Accountability and Oversight.April,2016,8-9.https://www.aclunc.org/docs/20160325- <br /> making_smart_decisions_about_surveillance.pdf <br /> 19 California Government Code Section 53166. <br /> 20 Stephanie LaCambra,"Congressional Oversight Committee Wants to Rein in Police Abuse of Cell-Site Simulators," <br /> Electronic Frontier Foundation DeepLinks(blog). https://www.eff.org/deeplinks/2017/02/bipartisan-congressional-oversight- <br /> committee-wants-probable-cause-warrants-0. <br /> 21 David Maass,"Success in Sacramento:Four New Laws,One Veto—All Victories for Privacy and Transparency,"accessed <br /> June 2,2017.https://www.eff.org/deeplinks/2015/10/success-sacramento-four-new-laws-one-veto-all-victories-privacy-and- <br /> transparency. <br /> 22 Ibid. <br /> 23 Ibid. <br /> 24 Ibid. <br /> 2016-2017 San Mateo County Civil Grand Jury 5 <br />