Court records show Homeland Security Investigations (HSI), a part of ICE, and the FBI obtained Con Edison user data. The utility provider refuses to say whether law enforcement needs a warrant to access its data.#ICE #News
Con Edison Refuses to Say How ICE Gets Its Customers’ Data
Con Edison, the energy company that serves New York City, refuses to say whether ICE or other federal agencies require a search warrant or court order to access its customers’ sensitive data. Con Edison’s refusal to answer questions comes after 404 Media reviewed court records showing Homeland Security Investigations (HSI), a division of ICE, has previously obtained such data, and the FBI performing what the records call ‘searches’ of Con Edison data.The records and Con Edison’s stonewalling raise questions about how exactly law enforcement agencies are able to access the utility provider’s user data, whether that access is limited in any way, and whether ICE still has access during its ongoing mass deportation effort.
“We don’t comment to either confirm or deny compliance with law enforcement investigations,” Anne Marie, media relations manager for Con Edison, told 404 Media after being shown a section of the court records.
In September, 404 Media emailed Con Edison’s press department to ask if law enforcement officers have to submit a search warrant or court order to search Con Edison data. A few days later, Marie provided the comment neither confirming nor denying any details of the company’s data sharing practice.
💡
Do you know anything else about how ICE is accessing or using data? I would love to hear from you. Using a non-work device, you can message me securely on Signal at joseph.404 or send me an email at joseph@404media.co.404 Media then sent several follow-up inquiries, including whether ICE requires a warrant or other legal mechanism to obtain user data. Con Edison did not respond to any of those follow-ups.
Con Edison’s user data is especially sensitive, and likely valuable to authorities, because in many cases it will directly link a specific person to a particular address. If someone is paying for electricity for a home they own or rent, they most likely do it under their real name.
Federal agencies have repeatedly turned to Con Edison data as part of criminal investigations, according to court records. In one case, the FBI previously said it believed a specific person occupied an apartment after performing a “search” of Con Edison records and finding a Con Edison account in that person’s name. Another case shows the FBI obtaining a Con Edison user’s email address after finding it linked to a utilities account. A third case says “a search of records maintained by Con Edison, a public utilities provider to the greater New York City area” revealed that a specific person was receiving utilities at a target address. Several other cases contain similar language.
playlist.megaphone.fm?p=TBIEA2…
Court records also show HSI has accessed Con Edison data as part of criminal investigations. One shows HSI getting data from Con Edison that reveals the name associated with a particular Con Edison account and address. Another says “there was no indication in the records from Con Edison that the SUBJECT PREMISES is divided into multiple units.” A third shows that HSI “confirmed with Con Edison” who was a customer at an address at a particular point in time.Ordinarily HSI is focused on criminal investigations into child abuse, money laundering, cybercrime, and other types of criminal networks. But in the second Trump administration’s mass deportation effort, the distinction between HSI and ICE is largely meaningless. HSI has reassigned at least 6,198 agents, or nearly 90 percent, and 12,353 personnel overall to assist the deportation arm of ICE, according to data published by the Cato Institute in September. HSI also performs worksite enforcement.
The court records don’t describe how the investigators obtained the Con Edison data exactly, whether they obtained a search warrant or court order, or elaborate on how some officials were able to “search” Con Edison records.
Usually companies and organizations readily acknowledge how and when law enforcement can access customer data. This is for the benefit of users, who can then better understand what legal mechanisms protect their data, but also for law enforcement officials themselves, so they know what information they need to provide during an investigation. Broadly, companies might require a law enforcement official to obtain a search warrant or send a subpoena before they provide the requested user data, based on its sensitivity.