Policy Text
Cellular Site Simulator Usage and P rivacy - 1
Printed Date: 2017/02/17 Policy Oakland Police Department
609 Policy Manual
Cellular Site Simulator Usage and Privacy
609.1 PURPOSE AND SCOPE
The purpose of this policy is to set guidelines and requirements pertaining to cellular site
simulator technology usage and privacy . Any changes to this policy – including authorized uses of
the cellular site simulator technology by the Oakland Police Department – will be made in
consultation with the Oakland Privacy Commission .
609.2 POLICY
It is the policy of the Oakland Police Department to respect the privacy rights and civil liberties of
individuals and to follow the Constitution , particularly the First and Fourth Amendments, the
California Cons titution, and all applicable laws .
609.3 BASIS FOR POLICY
Government Code § 53166 (b) requires all law enforcement organizations that use cellular
communications interc eption technology , including cellular site simulator technology , to:
(a) Maintain reasonable security procedures and practices, including operational,
administrative, technical, and physical safeguards, to protect information gathered through
the use of cellular communications interception technology from unauthorized access,
destruction, use, modification, or disclosure.
(b) Implement a usage an d privacy policy to ensure that t he collection, use, maintenance,
sharing, and dissemination of information gathered through the use of cellular
communications interception technology complies with all applicable law and is consistent
with respect for an individual's privacy and civil liberties. This usage and privacy policy shall
be available in writing to the public, and, if the local agency has an Internet Web site, the
usage and pri vacy policy shall be posted conspicuously on that Internet Web site. The usage
and privacy policy shall, at a minimum, include all of the following:
1. The authorized purposes for using cellular communications interception technology
and for collecting information using that technology.
2. A description of the job title or other designation of the employees who are
authorized to use, or access information collected through the use of, cellular
communications interception technology. The policy shall identify the training
requirements necessary for those authorized employees.
3. A description of how the local agency will monitor its own use of cellular
communications interception technology to ensure the accuracy of the information
collected and complian ce with all applicable laws, including laws providing for
process and time period system audits.
4. The existence of a memorandum of understanding or other agreement with another
local agency or any other party for the shared use of cellular communications
interception technology or the sharing of information collected through its use,
including the identity of signatory parties.
Cellular Site Simulator Usage and Privacy - 2 Oakland Police Department
Policy Manual
Cellular Site Simulator Usage and Privacy
Printed Date: 2017/02/17
5. The purpose of, process for, and restrictions on, the sharing of information gathered
through the use of cellular communications interception technology with other local
agencies and persons.
6. The length of time information gathered through the use of cellular communications
interception technology will be retained, and the process the local agency will utilize
to determine if and when to destroy retained information.
Members shall use only department -approved devices and usage shall be in compliance
with department security procedures, the department’s usage and privacy procedures and all
applicable laws.
609.4 HOW THE TECHNOLOGY WORKS
Cellular site simulator technology relies on use of cellular site simulators. Cellular site simulators,
as governed by this policy, function by transmitting as a cell tower. In response to the signals
emitted by the simulator, cellular devices in the proximity of the simulator identify it as the most
attractive cell tower in the area and thus t ransmit signals to the simulator that identify the device
in the same way that they would a networked tower.
A cellular site simulator receives signals and use s an industry standard unique identifying number
assigned by a device manufacturer or cellular n etwork provider to distinguish between incoming
signals until the targeted device is loc ated. Once the cellular site simulator identifies the specific
cellular device for which it is looking, it will obtain the signaling information relating only to that
particular phone, rejecting all others. Although the cellular site simulator initially receives signals
from multiple devices in the vicinity of the simulator while attempting to locate the target device, it
does not display the unique identifying numbers of those other devices for the operator except
when deployed in registration mode . Registration mode may only be used for mass casualty
incidents. If the cellular site simulator equipment or software is modified or capable of displaying
unique identifiers other than in registration mode , Oakland Police personnel are prohibited from
making use of , or saving, such information. To the extent that any unique identifier for the non -
targeted device might exi st in the software or simulator itself, it will be purged at the conclusion of
operations in accordance with this p olicy.
When used in a mass casualty event , the cellular site simulator will obtain signaling information
from all devices in the simulator’s target vicinity for the limited purpose of locating persons in need
of assistance or to further recovery efforts. Any information received from the cellular devices
during this time will only be used for these limited purposes and all such information re ceived will
be purged at the conclusion of the effort in accordance with this p olicy. A mass casualty incident
is a natural disaster such as an earthquake or fire; a terrorist attack; or any other event resulting
in imminent loss of