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Can I collect device information from participants in Arizona? What are the requirements?
To answer your question, it depends on the context and purpose of collecting device information from participants in Arizona. If you are planning to use a cell site simulator device to identify, locate, or track the movements of a communications device, you must obtain a cell site simulator device search warrant issued by a magistrate based on probable cause supported by affidavit or oath [1.2][1.3]. The search warrant must name or particularly describe the person using the communications device to be identified, and it must authorize the use of the cell site simulator device any time of the day or night for a reasonable length of time that does not exceed sixty days after the date that the search warrant was signed [1.2].
Additionally, if the cell site simulator device is used to locate or track a known communications device, all nontarget data must be destroyed within sixty court business days after the return of the search warrant to a magistrate. If the cell site simulator device is used to identify an unknown communications device, all nontarget data must be destroyed within sixty court business days after the return of the search warrant to a magistrate unless a court orders the nontarget data to be preserved [1.2].
If you are collecting device information for other purposes, such as research or marketing, you may need to comply with other laws and regulations, such as data privacy and protection laws [3.1].
In summary, if you are planning to use a cell site simulator device to collect device information from participants in Arizona, you must obtain a cell site simulator device search warrant issued by a magistrate based on probable cause supported by affidavit or oath. If you are collecting device information for other purposes, you may need to comply with other laws and regulations.
Source(s):
- [1.2] Cell site simulator device search warrant; issuance; grounds; requirements; notice; prohibited uses; nontarget data
- [3.1] Definitions
- [1.3] Definitions
Jurisdiction
Arizona