County purchase of cell phone extraction software sparks objections to public comment rules

MANTI—The Sanpete County Commission approved a $9,250 annual subscription for Cellebrite during its Sept. 1 meeting, despite concerns raised by a Manti resident about the cost, scope and privacy implications of mobile-device extraction technology.

The approval prompted questions about how members of the public can raise concerns about issues before the commission. Denise Kroff of Mayfield criticized the timing and limited opportunity for Susan Manning of Manti to address commissioners about the Cellebrite contract.

The commission unanimously approved the Cellebrite invoice after Sheriff Jared Buchanan and Sgt. Derick Taysom explained how the technology is used by the department.

“It’s our annual Cellebrite subscription for the (Major Crimes) Task Force ,” Buchanan said. “It comes out of the task force budget.”

Taysom said Cellebrite is used to create a digital image of data stored on mobile devices seized during investigations. The resulting information can be used as evidence and provided to prosecutors, defense attorneys and courts.

“This is used in investigations units on cases where we have seized a cell phone,” Taysom said.

Investigators obtain a search warrant before using the program on a seized cellphone unless they have signed consent from the individual whose device is being downloaded, Taysom said.

“It has never been used on a cell phone without a search warrant or consent, signed consent, from the individual that we’re doing the download on,” he said.

When asked whether the technology could also be used on computers, Taysom clarified that the subscription being discussed was for mobile devices only.

Before the vote to approve the expenditure, however, Manning asked to provide information about Cellebrite. She was told the meeting did not include public comment but was permitted to hand commissioners a two-page document outlining her concerns.

Manning’s handout questioned the ongoing costs associated with hardware, licenses, maintenance, training and storage, as well as the amount of information that can potentially be extracted from a cellphone, and also how that information is retained, accessed and shared.

The document said mobile-device extraction tools can copy messages, photographs, location history, deleted data and application contents.

Manning asked whether the technology’s capabilities could extend beyond the specific evidence investigators initially seek.

She also questioned whether a premium extraction system is necessary for a small rural county, pointing to state laboratories and existing partnerships as possible alternatives.

Manning’s handout also cited research into the Cellebrite software vulnerabilities, as well as reports concerning the use of Cellebrite technology to unlock phones belonging to journalists and activists in other countries.

Her recommendations included establishing a written use policy; comparing the cost with state laboratory alternatives; determining how many cases require advanced phone unlocking; creating data-retention rules; and holding a public hearing before approving such technology.

After the vote, Kroff questioned the commission’s public-comment process. “When the public is here, if this is a public meeting, (shouldn’t) the public get a chance to actually share something, even if it’s last minute?” Kroff asked.

Commissioner Mike Bennett said the commission does not have a public-comment period unless one is requested in advance so it can be placed on the agenda.

Commissioner Mike Bennett said that in the future, if residents want to speak to the commission, they should get hold of Linda Christiansen, the county clerk, to request time on the agenda.

Manning responded that residents do not receive the commission’s agenda until Monday and said she had been told requests to be placed on the agenda needed to be made by Thursday or Friday.

Bennett said the county is only required to post its agenda 24 hours before a meeting.

Manning pointed out that the commission would have already voted on the Cellebrite contract by the time she was able to raise her concerns.