An open letter to State Legislatures (Va. only)

Enact cell-site simulator legislation to safeguard free speech.

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When the General Assembly re-convenes in January, please enact state-level legislation requiring warrants or judicial oversight before the use of cell-site simulators (or similar dragnet device) in protest or mass-gathering contexts. This legislation should ban the use of those devices solely for surveilling peaceful protestors or assemblies. It should also include requirements for public transparency: which agencies have the devices, how often they are used, and under what justification. I’ve read that several states, including California, Washington, Virginia (?), Utah, and Illinois, have passed legislation requiring law enforcement agencies to obtain warrants before using Stingrays, and some state courts have held that warrantless use of these devices is unconstitutional. When looking for the specific Virginia laws already in place, I see that we have § 9.1-116.10: Surveillance technology reporting by state and local law-enforcement agencies and sheriff's departments. I also see several articles stating that VA passed legislation in 2015 requiring search warrants for use of stingray technology, but can’t find that information the Virginia State Law Portal. If this legislation is already in effect, would you please point me to where I can read the specific language? When cell-site simulators and similar technology is used without clear rules, it has a chilling effect on the right to assemble and free speech. Peaceful protest is a constitutional right—not a trap for data harvesting. Please protect the free speech of your constituents and citizens. Thank you.

▶ Created on October 26 by SaveOurDemocracy

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