Qtongre1111 of fqe 1ltnifeh ~fafe11 1!masqiugton, 1.BC!r 20515 251 April 5, 2018 The Honorable Ajit V. Pai Chairman Federal Communications Commission 445 12th Street SW Washington, DC 20554 Dear Chainnan Pai: We ask that the Federal Communications Commission (FCC) take immediate action under federal law to address the prevalence of what could be hostile, foreign cell-site simulators- or stingrays- surveilling Americans in the nation's Capital. Cell-site simulators function essentially as fake cellphone towers, allowing their operators to trick nearby consumers' cell phones into giving up confidential information that would nonnally be protected by consumers' cell phone providers. 1 Press reports surfaced earlier this week that the Depaiiment of Homeland Security had identified suspected, unauthorized cell­ site simulators operating throughout Washington.2 More troubling, it appears that these cell-site simulators could be gathering intelligence on unwitting Americans on behalf of foreign governments.3 If these reports are true, it marks an incredible security vulnerability in the seat of the Federal government. Critical federal agencies including those invol ved in national defense and intelligence operate in the Washington D.C. area, and these cell-site simulators could be surreptitiously intercepting the sensitive data of federal government employees at these agencies. Just as troubling, these foreign actors could be intercepting communications from American citizens. The FCC, however, has the ability to take action to protect Americans from this type of foreign government surveillance. 4 1 See 47 U.S.C. § 222. ,, ,-. I 2 DHS Confirms It has Detected Evidence ofMobile SnoopingiD evices Around DC, CNN (Apr. 3, 2018) (www.cnn.com/2018/04/03/politics/dhs-stingrays-washington­ dc/index.html). 3 Id. 4 47 U.S.C. § 301 PRINTED ON REC YCLED PAPER The Honorable Ajit V. Pai April 5, 2018 Page 2 As the agency in charge of managing the commercial airwaves, the FCC has the statutory power to sto p the illicit use of cell-site simulators. 5 Specifically, the Communications Act prohibits the very type of unauthorized transmissions that non-licensed cell-site simulators rely on to conduct surveillance.6 With no apparent evidence that these recently revealed unauthorized cell-site simulators are operating with an FCC license, it would seem the FCC need only to enforce the law to stop this foreign intelligence gathering. When prompted in the past to address the use of cell-site simulators by domestic governments, the FCC has only created a task force to "develop concrete solutions to protect the cellular network systemically from similar unlawful intrusions and interceptions."7 Consumer advocates have even fil ed legal complaints with the FCC asking them to take immediate action to address the use of such cell-site simulators.8 Nevertheless, no action has been taken to date to actually address this problem. With foreign actors now potentially taking advantage of the Commission's inaction, the FCC should act, consistent with applicable law and regulations, to investigate these allegations and address any unlawful use of cell-site simulators in the Capital and anywhere else they are used in U.S. soil. We appreciate your assistance with this important matter and respectfully request a response to this letter forthwith. Sincerely, Bennie G. Thomp n Ranking Member Ranking Member Ranking Member Foreign Affairs Committee Energy & Commerce Committee Homeland Security Co1runittee 5 Id. 6 Id. ("No person shall use or operate any apparatus for the transmission of energy or communications or signals by radio ... except under an in accordance with this [Act] and with a ~ license in that behalf granted under the provisions of this (Act]."). ··'.· ·' 7 Letter from Christopher Krebs, Senior Official Performing the Duties of the Undersecretary, National Protection and Programs Directorate, Department of Homeland Security to Senator Ron Wyden (Mar. 26, 2018). 8 Complaint for Relief Against Unauthorized Radio Operation and Willful Interference with Cellular Communications, Center for Media Justice, et. al. (Aug. 16, 2016). The Honorable Ajit V. Pai April 5, 2018 Page 3 cc: The Honorable Kristjen M. Nielsen, Secretary, Department of Homeland Security The Honorable John J. Sullivan, Acting Secretary, Department of State The Honorable Brendan Carr, Commissioner, Federal Communications Commission The Honorable Mignon Clyburn, Commissioner, Federal Communications Commission The Honorable Michael O'Rielly, Commissioner, Federal Communications Commission The Honorable Jessica Rosenworcel, Commissioner, Federal Communications Commission