70 US Lawmakers Demand Investigation into ICE's Warrantless Data Purchases

A bipartisan coalition of 70 US lawmakers has called on the Department of Homeland Security's inspector general to investigate whether federal agencies, including Immigration and Customs Enforcement (ICE), are illegally purchasing Americans' location data without obtaining warrants.

This latest demand follows an earlier investigation that uncovered widespread privacy violations across multiple DHS agencies. The initial probe found that ICE, Customs and Border Protection, and the Secret Service had all been purchasing people's location data without proper legal authorization, a practice that was supposed to have ended in 2023.

According to the lawmakers' letter, the previous investigation revealed serious privacy oversteps, including employees sharing accounts and passwords for phone-tracking databases, supervisors failing to request or review audit logs to detect patterns of abuse, and in one instance, a DHS employee using phone location data to track coworkers.

The inspector general had recommended several actions to ensure better oversight of federal workers' access to this type of information, including a DHS-wide policy governing the use of commercial location data. However, according to Senator Ron Wyden (D-OR), who initiated the earlier investigation and is one of the 70 lawmakers who signed the March 3 letter, Homeland Security never issued such a policy.

Despite the previous findings and recommendations, ICE has since resumed its location data purchases. In September, DHS signed a $2.3 million contract with surveillance company PenLink that allows ICE to use its location-tracking software, Webloc. Lawmakers argue the system can be used to obtain and analyze individuals' location data without a court warrant.

The Webloc tool was developed by Israeli firm Cobwebs Technologies, which was combined with PenLink as part of a 2023 private equity deal. The connection to Cobwebs Technologies raises additional concerns, as Meta removed the company from its platform in December 2021, linking it to surveillance-for-hire campaigns targeting activists, politicians, and government officials.

Adding to the controversy, ICE has been accused of stonewalling congressional oversight. According to the lawmakers' letter, Wyden's office requested a briefing with ICE about the PenLink contract. The federal agency scheduled the meeting for February 10, and on February 9, ICE canceled without explanation and without offering to reschedule.

In their letter to the inspector general, the lawmakers wrote: "Given DHS' failure to adopt a policy for the use of commercial data, coupled with ICE awarding a no-bid contract to a shady data broker that is likely violating federal law, we urge you to open another investigation into the purchase and use of location data by ICE and other DHS components."

The situation highlights ongoing concerns about government surveillance practices and the use of commercial data brokers to circumvent traditional warrant requirements. Privacy advocates have long warned that law enforcement agencies can effectively bypass Fourth Amendment protections by purchasing data that would otherwise require a warrant to obtain.

This case also underscores the broader issue of government accountability and transparency when it comes to surveillance technologies. The lawmakers' demand for investigation reflects growing bipartisan concern about unchecked government surveillance powers and the need for stronger oversight mechanisms.

The outcome of this investigation could have significant implications for how federal agencies conduct surveillance and whether they can continue to rely on commercial data brokers to gather information about American citizens without judicial oversight.