30 votes

ICE, CBP, Secret Service all illegally used US smartphone location data

3 comments

  1. [3]
    riQQ
    Link

    In a bombshell report, an oversight body for the Department of Homeland Security (DHS) found that Immigration and Customs Enforcement (ICE), Customs and Border Enforcement (CBP), and the Secret Service all broke the law while using location data harvested from ordinary apps installed on smartphones. In one instance, a CBP official also inappropriately used the technology to track the location of coworkers with no investigative purpose.

    For years U.S. government agencies have been buying access to location data through commercial vendors, a practice which critics say skirts the Fourth Amendment requirement of a warrant. During that time, the agencies have typically refused to publicly explain the legal basis on which they based their purchase and use of the data. Now, the report shows that three of the main customers of commercial location data broke the law while doing so, and didn’t have any supervisory review to ensure proper use of the technology. The report also recommends that ICE stop all use of such data until it obtains the necessary approvals, a request that ICE has refused.

    9 votes
    1. [2]
      tauon
      Link Parent
      (Emphasis added) What does “refusal” mean in this context here, specifically? How can agencies like ICE be enforced to, well, act lawfully, and by whom?

      The report also recommends that ICE stop all use of such data until it obtains the necessary approvals, a request that ICE has refused.

      (Emphasis added)

      What does “refusal” mean in this context here, specifically? How can agencies like ICE be enforced to, well, act lawfully, and by whom?

      9 votes
      1. unkz
        Link Parent
        I guess the three options which any of these types of situations call for: executive orders, which could come from Biden himself or any layer of command below him legislative action, but obviously...

        I guess the three options which any of these types of situations call for:

        • executive orders, which could come from Biden himself or any layer of command below him
        • legislative action, but obviously that isn’t going to happen in the current climate
        • judicial orders stemming from someone with standing who was illegally surveilled taking it to court

        Probably executive order is most likely as the public can directly appeal to someone with the power.

        1 vote