MS HB376

Law enforcement agencies must obtain a search warrant based on probable cause before using a cell site simulator device to collect location information, stored data, or transmitted data from a communications device.

Cell site simulator devices are defined as any device that transmits or receives radio waves to intercept, collect, access, or forward data from communications devices, including IMSI catchers and passive interception devices used for surveillance purposes.

Incidental data collected from non-target devices during a warranted search must be deleted within 48 hours and cannot be used, copied, or disclosed for any purpose.

Law enforcement may use a cell site simulator device without a warrant only to prevent imminent loss of life or bodily injury during an act of terrorism, and all data collected must be deleted within 24 hours unless a warrant is subsequently obtained.

Amendments require that any application to use a cell site simulator device under existing pen register/trap and trace or wiretapping statutes must be accompanied by a search warrant issued under this act.

The act takes effect July 1, 2023.