FEDERAL COMMUNICATIONS COMM I SSION WASHINGTON OFFICE OF T H E C H AIRMA N The Honorable Bill Nelson Ranking Member April 13,2015 Committee on Commerce, Science and Transportation United States Senate 425 llart Senate Office Bui lding Washington, D.C. 205 10 Dear enator Nelson: Thank you for your letter regarding devices known as IMSI catchers (one of which goes by the trade name StingRay) and their use by law enforcement agencies. In your letter, you posed questions about the FCC's certifi cation process for such devices. I appreciate your inquiry and welcome this opportun ity to address your specific concerns. 1. What information the FCC may have had about the rationale behind the res trictions placed on the certification of the tingRay, a nd whether similar restrictions have been put in place for other devices Equipment certification is required to ensure that products that use radio spectrum comply with the Commission's technical rules. Certification is requi red before such a product can be imported or marketed in the United States, except that equipment marketed to or used solely by the federal government is not subject to the Commission's rules or certi fication. Placing conditions on the equipment certification is intended to ensure that such use of such equipment is constrained to law enforcement. Fur1hcrmorc, the application for equ ipment authorization described the limited functionality built into the device and how it would be used by law enforcement after obtaining appropriate legal authority. These documents were granted confidentiality under the provisions routinely avai lable under Commission's rules. The Commission placed the following two conditions on each grant of certification: (I) the marketing and sale of these devices shall be li mited to federal, state, and local public safety law enforcement officials only; and (2) state and local law enforcement agencies must coordinate in advance with the FBI the acquisition and use of the equipment authoriLed under this grant of certification. The conditions are consistent wi th our understanding that the equipment would be marketed for use on ly by law enforcement and that coordination with the FBI would protect federal interests. Harris Corporation has applied for and been granted certification for several devices, all of which are posted on the Commission's web site. A list of the certified devices and the links to the grants of cer1ification are attached. Portions of the applications are withheld from public Page 2- The Honorable Bill Nelson inspection as permitted under the Commission's rules because they include trade secrets. Digital Receiver Technology, Inc. applied for and wa granted certification for similar devices which are also included in the attached list. The same conditions arc included on the grants of certification for these devices. We underscore that a grant of certification means only that the Commission has concluded that the equipment complies with the Commission's technical rules. It is the responsibility of law enforcement to obtain whatever legal authority may be required by Title 18 of the Un ited tatcs Code. 2. Whether the FCC inquired about what oversight may be in place to make sure that use of the devices complied with the manufacturer's representations to the FCC at the time of certification We have talked to the manufacturers, and they have confirmed that the subject equipment under the certification is marketed for use in the domestic market and on ly to U.S. law enforcement authorities. We also understand that the parties have been coord inating with the FBI as required. The Commission has no information about the extent to wh ich or conditions under which law enforcement has obtained authority to use the devices. 3. A status report on the activities of the "task force" you previously formed to look at questions surrounding the use of the tingRay and similar devices The Commission created a task force of experts from various omces within the ngenc} to serve as the focal point to look at issues surrounding the use of IM I catchers through a holistic approach. The task force also serves as a single point of inttial contact across the agency to coordinate among agency stakeho lders, develop process and clarify roles and responsibilities, as well as related issues that may arise. I appreciate your interest in this matter. Please let me know if I can be of any further as istance. s~/1~f_ Tom Wheeler Enclosure