ICE plans to give potentially more than a thousand agencies access to a facial recognition app that verifies a person's immigration status.#ICE #FOIA


ICE’s Plan to Let Cops Around the Country Scan Faces to Verify Immigration Status


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This article was primarily reported using public records requests. We are making it available to all readers as a public service. FOIA reporting can be expensive, please consider subscribing to 404 Media to support this work. Or send us a one time donation via our tip jar here.

Immigration and Customs Enforcement (ICE) plans to give potentially more than a thousand local law enforcement agencies a facial recognition app that would query a database of hundreds of millions of images to verify someone’s immigration status, according to an internal Department of Homeland Security (DHS) document obtained by 404 Media.

The app would be a dramatic escalation in the technology being used to carry out the Trump administration’s mass deportation agenda. ICE and Customs and Border Protection (CBP) are already using Mobile Fortify, a facial recognition app that taps into a wide array of DHS and other government databases, on U.S. streets, stopping people and scanning their faces. With that app, ICE officers point their phone camera at a person, the app scans their face, and the app returns a wealth of biographical information and whether they have been issued an order of removal. The app has made mistakes and been used against American citizens.

With this second app, much of that capability would now be in the hands of local police who essentially have become extensions of ICE.

“This embarrassingly cursory document utterly fails to acknowledge the harms that will flow from putting a flawed face recognition app in the hands of many thousands of local police,” Nate Wessler, deputy director with the American Civil Liberties Union (ACLU) Speech, Privacy, and Technology Project, told 404 Media. “Sending local cops out to indiscriminately scan our faces, with a system that is known to generate false matches, that saves our data for 15 years, and that ensnares police into making immigration decisions that they are untrained for and that will undermine community safety efforts, is a recipe for disaster and for terrorizing members of communities across the country. DHS’s privacy regulators fell down on the job. Now it’s up to lawmakers to ensure this dangerous technology stays off our streets.”

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Do you know anything else about this app? Are you a current or former ICE or CBP employee? 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.

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#FOIA #ice

The API would make IRS data available to any app the agency wishes. The Criminal Investigation arm of the IRS is also modernizing its own systems.#palantir #News #FOIA


Here is the Contract for Palantir’s Super API for the IRS


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This article was primarily reported using public records requests. We are making it available to all readers as a public service. FOIA reporting can be expensive, please consider subscribing to 404 Media to support this work. Or send us a one time donation via our tip jar here.

The IRS’s new, Palantir-powered API will make IRS data available to any app it wishes, and Palantir is working for the Criminal Investigation (CI) part of the IRS on a new system to bring together traditionally disparate systems into a single overarching one to investigate all sorts of financial crime, according to a cache of documents obtained by 404 Media.

The existence and development of the API have been previously reported and announced by the Department of the Treasury. But the documents provide much more specific insight into what the IRS is hoping to achieve with it, and what the agency wants Palantir to build.

“As the IRS’ mission expands as a result of legislative mandates, taxpayer expectations, and oversight requirements, IRS data systems have become increasingly complex and siloed; this creates an opportunity to modernize data access, enhance secure information sharing across business operations, and accelerate compliance capabilities,” one of the documents reads.

404 Media obtained the documents through a Freedom of Information Act (FOIA) request with the IRS.

The idea of the new API—an Application Programming Interface that lets different pieces of software communicate with one another—is to make “IRS data easily accessible to any app,” according to one of the documents. Specifically, the API will use Palantir’s Foundry software, the documents say.

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Do you know work for Palantir or the IRS? 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.

In September, the Department of the Treasury announced: “To continue improving data integrity and technical infrastructure, Treasury has awarded a contract to Palantir. This partnership will enable a common API layer that supports developer platforms, workflow automation, and data analytics. This work supports federal employees, increasing efficiency for their professional duties.”

Last month The Intercept reported Palantir is helping the IRS analyze dozens of different datasets to investigate financial crimes. One of the documents obtained by 404 Media discussing CI’s modernization says one objective is to provide modern tools to support investigations into “complex criminal financial crimes, organized crime, tax crimes, protecting the US financial system and other US Treasury Department missions.”

One section lays out how CI currently handles data:

“CI does not have a centralized law enforcement case management system that allows for deconfliction (increased intelligence and officer safety), lead tracking, centralized evidence/case file management, chain of custody tracking, or investigative file sharing/comprehensive case file access (across CI, Chief Counsel, Department of Justice, and civil counterparts). Nor does CI have a centralized repository for all CI case data (intelligence and data analytics). CI's current solution for managing case data is having case related evidence, memorandums, and investigative approval requests housed in Windows folders maintained on individual agent's computers, shared Windows folders within field offices that periodically backup to regional servers and locking filing cabinets and grand jury storage rooms that house physical evidence.”

In February a second federal judge ordered the IRS to stop sharing residential addresses with ICE, Politico reported.

Neither Palantir nor the Department of Treasury responded to a request for comment.

You can read the documents here:

Document one.

Document two.

Document three.

Document four.

Document five.


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Paragon's software is capable of remotely breaking into phones and accessing messages from encrypted messaging apps. Our lawsuit aims to pry records about it from ICE.#FOIA


We Sued ICE to Get Its Spyware Contract. The Agency Is Redacting Essentially Everything


Immigration and Customs Enforcement (ICE) contracted with a spyware company that tells customers it ensures they can use the tool without the agency being caught doing so, according to documents obtained by 404 Media through our ongoing lawsuit against ICE.

In September, we sued ICE for documents related to its $2 million contract with Paragon, a company that makes powerful spyware for remotely hacking phones and accessing encrypted messaging apps. In response to the lawsuit we’ve now been given the first batch of documents by ICE, but have many more to go. The vast majority of the documents it has provided so far are heavily redacted, and it is still withholding information in the public interest that would more fully explain why the agency wanted to buy such a potent and controversial surveillance tool.

🚨🧑‍⚖️ If you would like to support our lawsuit against ICE, please consider becoming a paid 404 Media subscriber, here. We also have a tip jar, here. And if you'd like to make a larger tax-deductible donation, please contact us on donate@404media.co. Thank you!

“404 Media has asked ICE to disclose agency records relating to its contract with a company known for its powerful spyware tool whose potential use in the agency’s ongoing mass-deportation campaign has prompted lawmakers, civil liberties organizations, and immigration groups to express deep concerns over potential civil rights abuses,” our original complaint said. Paragon makes a spyware system called Graphite that is capable of remotely hacking mobile phones and obtaining messages from apps such as Signal, WhatsApp, and Facebook Messenger.

404 Media first filed a Freedom of Information Act (FOIA) request in October 2024 for documents related to Homeland Security Investigation’s (HSI) Paragon purchase. HSI is a part of ICE. Under the law, agencies are required to provide a response within 20 days, or provide an explanation of why they require an extension. At the time, ICE did not respond to any of our follow up inquiries, so we filed the lawsuit the following September.

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Do you work at ICE or Paragon? Do you know anything else about the company? 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.

On Tuesday in a first interim release letter, ICE said it had found 673 potentially responsive pages of records in response to our FOIA request. The same day, ICE provided 77 of those pages, but it still owes us more.



Screenshots of the documents. Image: 404 Media.

The documents produced so far include a “pricing narrative” made by Paragon for ICE, which presumably included a breakdown of the price of the software but which is heavily redacted. The documents also include an overview of the software and the contract’s objectives.

Sections of that document are redacted, but it suggests Paragon may be used, as expected by ICE, to enforce “immigration and customs laws.” The section reads: “Paragon brings our capabilities in response to this [REDACTED] RFP [request for proposals], to support the [REDACTED] mission protecting national security by enforcing the nation’s immigration and customs laws, including criminal activities.”

Paragon has long tried to position itself as a more ethical player in the government spyware industry, a space that is riddled with controversy and abuse. In the overview document Paragon writes, “From the outset, Paragon has enshrined ethical conduct, practices, and standards as core company values. Our core ethical principles cover three main areas: legal, customer, and technology, all of which are hard coded into our business operations and software offering.”

The company says it only sells “our products to government intelligence and law enforcement agencies from a specific list of [REDACTED] whose commitment to democracy, human rights, and the rule of law have passed its internal and external due diligence.” (Paragon cut off the Italian government after authorities there used Paragon’s software to target activists and journalists.)

The overview says that “Paragon’s technology is developed in-house by elite teams of researchers and developers,” and that its operational security team makes sure customers can use the tools without getting caught, essentially.

“Our Operational Security (OPSEC) team ensures that the customer can meet operational requirements while minimizing the risk of exposure and attribution,” it continues. “To that end, the team provides ongoing threat analysis, up-to-date guidelines, and continuous risk management updates. In addition, the OPSEC guidelines are incorporated into the System’s function and serve as built-in guardrails for operational activity.”

The document also includes “Release Notes” related to Paragon’s software which are almost entirely redacted, which would describe the features of the software that ICE purchased.


Screenshots of the documents. Image: 404 Media.

These redactions, and especially those around the contract’s objectives, are despite ICE recently publicly providing some details about why it bought the spyware. In an April 1 letter to lawmakers, Acting Director of ICE Todd M. Lyons said he approved the purchase and use of the technology “in response to the unprecedented lethality of fentanyl and the exploitation of digital platforms by transactional criminal organizations.” He also pointed to “the specific challenges posed by the Foreign Terrorist Organizations’ thriving exploitation of encrypted communication platforms.” In January, President Trump designated a number of South American drug cartels and other groups as foreign terrorist organizations.

“Use of the technology will align with and support the Homeland Security Task Force’s strategic initiatives to identify, disrupt, and dismantle Foreign Terrorist Organizations, addressing the escalating fentanyl epidemic and safeguarding national security,” Lyons continued.

Many of the redactions in the documents center around what ICE describes as trade secrets and records compiled for law enforcement purposes. We believe the redactions are an overreaction, withholding information in the public interest about what capabilities ICE bought and for what purpose. ICE gave Paragon the opportunity to request certain parts of the documents be redacted.

Soon after ICE contracted with Paragon in 2024, the Biden White House put a freeze on the deal as it investigated whether it violated an executive order that aimed to curb the government’s use of spyware, WIRED reported at the time. Then in August during the second Trump administration, ICE reactivated the contract, independent journalist Jack Poulson reported. In January, ICE closed out that contract, according to public procurement data 404 Media reviewed at the time. In May, a Department of Homeland Security (DHS) spokesperson told NPR that ICE has no current contract or relationship with Paragon or the company that later acquired it. The agency declined to clarify whether or not ICE still has access to Paragon-developed tools, NPR reported.

404 Media has published the first batch of responsive documents in full, here. As the lawsuit continues, we’ll provide our subscribers with updates.

🚨🧑‍⚖️ If you would like to support our lawsuit against ICE, please consider becoming a paid 404 Media subscriber, here. We also have a tip jar, here. And if you'd like to make a larger tax-deductible donation, please contact us on donate@404media.co. Thank you!


#FOIA

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“Obviously I wasn’t thinking at all,” the driver told police, according to the footage.#Cybertruck #FOIA


Here's the Bodycam Footage of the Cybertruck That Drove Into a Lake


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This article was primarily reported using public records requests. We are making it available to all readers as a public service. FOIA reporting can be expensive, please consider subscribing to 404 Media to support this work. Or send us a one time donation via our tip jar here.

On Monday a man in Grapevine, Texas drove his Tesla Cybertruck into a lake to test the vehicle’s “wade mode.” Police arrested the Cybertruck’s owner, Jimmy Jack McDaniel, after he and his passengers fled the vehicle.

At one point, the owner tried to get back into the vehicle, and law enforcement responded by deploying jet skis and calling a tow truck to pull the Cybertruck from the water, according to hours of related footage 404 Media obtained. The passengers were German tourists, according to a conversation included in the bodycam footage.

“The charge port is underwater and it [the Cybertruck] thinks it’s plugged in to the charging unit and it won’t let the wheels turn because it thinks it’s charging. And as soon as I can get it a little bit closer to the ground I can drive it out,” McDaniel said during a conversation with a police officer.

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Presenters say that Weber State University’s legal team adopted a narrow construction of a state law designed to withhold funding from public institutions suspected of practicing DEI.#News #Features #FOIA


How a University’s Censorship Conference Got Censored


This story was reported with support from the MuckRock foundation.

Less than 72 hours before Weber State University in Utah was scheduled to host a conference on censorship, presenters were told not to discuss identity politics, or be removed from the official program agenda. In an email to presenters selected to participate in the 27th Annual Unity Conference, titled “Redacted: Navigating the Complexities of Censorship,” then-Vice President of Student Access & Success Jessica Oyler told participants that it wasn’t a “real” academic conference; therefore, their statements and materials that “take a side” on legislation or policies wouldn’t be protected by academic freedom under a particular state law.

Utah’s HB 261the state law in question—is one of many enacted to discourage public colleges and schools from using Diversity, Equity, and Inclusion (DEI) frameworks to inform admission and employment decisions, or risk losing future funding opportunities from the state. Dozens of similar laws have been implemented in states like Texas, Florida, Alabama, and Iowa in recent years. While these laws frequently make funding a central target, prohibitions on college classroom instruction are growing more frequent.

Proponents of free speech, academic freedom, and civil rights have criticized these laws, arguing that they force the institutions that have financially benefitted from implementing DEI initiatives and scholarly contributions from researchers to make concessions that keep the university funded at the expense of its reputation. Case in point, Weber State’s censorship conference.

404 Mediahas obtained documents via a Freedom of Information Act request that offer more insight into the university’s rationale, the presenters’ responses and what’s happened since.

Oyler tried to articulate to presenters that it wasn’t a “real” conference because it had been funded by the university’s student affairs division. Apparently, under Utah’s HB 261, this made the conference appear academically illegitimate, because under this law—and the university’s interpretation of it—academic freedom isn’t assured for students. Nor is it an assurance for university staff, or researchers, regardless of institutional affiliation, when programs aren’t funded through faculty affairs.

Sarah Herrmann, an associate professor of psychological science at Weber State, says she was encouraged by conference organizers to submit a proposal to present at the conference research she’d conducted with one of her students into the effects of legislation like HB 261 student campus culture. Specifically, how the resulting effects of legislation—like the closure of campus cultural centers—would impact the student experience. Their proposal was accepted, with Herrmann’s student having planned to present their findings at the conference. Then, mere days before the conference, the student received a request from one of the event organizers to remove any mention of “DEI” both as an acronym and spelled out, which was quickly forwarded to Herrmann.

“You can imagine students who were part of the Women's Center or cultural centers seeing their minor canceled,” Herrmann told 404 Media. “It conveys a message about who belongs and who doesn't.”

Herrmann’s student was among the first to officially withdraw from the conference, as it signaled an institutional willingness to dissuade the development of student scholarship—a trend taking hold at institutions in states with these laws in effect. For instance, in April, the Texas Tech University System issued a memo barring all future graduate theses and dissertations on sexual orientation and gender identity once currently enrolled students satisfy pre-determined degree requirements for graduation.

Coincidentally, Weber State is one of the institutions that has closed its campus cultural centers. It’s also one of the institutions that has “suspended” both its Queer Studies and Women’s & General Studies minor, which are both listed as “pending formal discontinuance” on the university’s web pages. university’s website. Rachel Badali, Weber State University’s public relations director told 404 Media in a statement that in order to comply with HB 265—yet another state law, the university came up with a “strategic reinvestment plan.” That plan resulted in the university eliminating more than 30 major, minor, certificate and emphasis programs.

“A major point of this process was to align WSU’s offerings with workforce needs, and market analysis for the state didn’t show a demand for jobs in those areas,” Badali told 404 Media. “There was also limited student demand. Last year’s combined enrollment in queer studies and women and gender studies was less than 50 students, which was about 0.28% of degree-seeking students.”

Richard Price, a professor of political science and philosophy at Weber State who publicly withdrew from the conference’s keynote panel after receiving Oyler’s email, has been involved in a number of the campus’s initiatives aimed at improving access to LGBTQ+ scholarship over the years. I spoke with Price shortly after they’d held their last queer history course of the semester and for the foreseeable future. They told 404 Media these programs received very little funding from the state.

“They were passion projects, closed to pacify legislators who don’t like seeing words like ‘queer,’” Price told 404 Media.

Price says morale among faculty is low, particularly for those in the social sciences and humanities, who also happen to belong to the identity groups being actively marginalized, claiming that earned media for scholarship isn’t being actively promoted by the campus. This is despite the individuals perceived to be at the helm of the censorship conference’s unraveling having left the institution for other opportunities.

“They don't want my research to come up easily in legislator searches,” Price added.

Price isn’t alone in making this claim. However, Weber State’s public relations arm disputes this characterization, with Badali noting that “[w]hen WSU employees are sharing their expertise or making headlines for their great work, it proves that students are learning from the very best in the field.

“That’s something the university continues to support and promote,” she added.

But researchers from other colleges who submitted proposals to the conference weren’t immune from the university’s rigid interpretation of the state’s anti-DEI laws, either. Brianne Kramer, an associate professor in the College of Education and Human Development at Southern Utah University and her colleague also received requests to edit their conference materials for references to “the New Right,” which are literally the first words in the title of a recently published article the presentation was based on.

Kramer told404 Mediathat she and her colleague, Sean P. Crossland of Utah Valley University were well aware that the university was asking them to censor themselves. However, the university’s request wasn’t their line in the sand. They didn’t expect to be censored during the event itself, and since neither of them are university affiliates, they didn’t have to fear reprisal.

“You can censor my title or the language in my abstract, but unless you gag me or drag me out of the room, I’m going to say what I need to say,” Kramer told 404 Media.

Kramer notes that academic researchers do have to take calculated risks when considering what conferences to present at or attend. This pressure encourages researchers to self-censor, which can be more detrimental than government intervention in part because it becomes so hard to measure the full extent of the problem. Kramer also says that it weakens tenure protections.

“Faculty may struggle to meet promotion and tenure requirements if they can’t publish or present certain types of scholarship,” she added. “This affects tenured and non-tenured faculty, limiting their ability to use their expertise. The consequences extend to students, who miss out on the full education they deserve when faculty self-censor in teaching, scholarship and service. Everyone loses in this scenario—not just faculty, but students and staff as well.”

Many of the initially scheduled presenters affected by Weber State’s rigid read of HB 261 welcomed efforts to reschedule the conference, led by the Wildcat Collective on two separate occasions—the second going better than the first, according to organizers, but never quite measuring up to what the conference was intended to be. Scholars like Kramer in Utah are also encouraged that SB 295 was signed into law in March of this year, amending HB 261 to broaden the scope ever so slightly. Kramer says that while it’s going to take time to return to anything close to the baseline, faculty researchers seem more inclined to mobilize in opposing restrictions to academic freedom in Utah and elsewhere, especially now that the consequences are out on full display.

“You can’t be an activist without hope,” Kramer added. “You have to be hopeful that even if we don’t get to see the big change, that we’re going to see those incremental changes, hopefully, as we move forward.”


404 Media has obtained a cache of internal police emails showing at least two agencies have bought access to GeoSpy, an AI tool that analyzes architecture, soil, and other features to near instantly geolocate photos.#FOIA #AI #Privacy


Cops Are Buying ‘GeoSpy’, an AI That Geolocates Photos in Seconds


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This article was primarily reported using public records requests. We are making it available to all readers as a public service. FOIA reporting can be expensive, please consider subscribing to 404 Media to support this work. Or send us a one time donation via our tip jar here.

The Miami-Dade Sheriff’s Office (MDSO) and the Los Angeles Police Department (LAPD) have bought access to GeoSpy, an AI tool that can near instantly geolocate a photo using clues in the image such as architecture and vegetation, with plans to use it in criminal investigations, according to a cache of internal police emails obtained by 404 Media.

The emails provide the first confirmed purchases of GeoSpy’s technology by law enforcement agencies. On its website GeoSpy has previously published details of investigations it says used the technology, but did not name any agencies who bought the tool.

“The Cyber Crimes Bureau is piloting a new analytical tool called GeoSpy. Early testing shows promise for developing investigative leads by identifying geospatial and temporal patterns,” an MDSO email reads.

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A massive cache of Flock lookups collated by the Electronic Frontier Foundation (EFF) shows as many as 50 federal, state, and local agencies used Flock during protests over the last year.#Flock #borderpatrol #FOIA


Cops Used Flock to Monitor No Kings Protests Around the Country


Police departments and officials from Border Patrol used Flock’s automatic license plate reader (ALPR) cameras to monitor protests hundreds of times around the country during the last year, including No Kings protests in June and October, according to data obtained by the Electronic Frontier Foundation (EFF).

The data provides the clearest picture yet of how cops widely use Flock to monitor protesters. In June, 404 Media reported cops in California used Flock to track what it described as an “immigration protest.” The new data shows more than 50 federal, state, and local law enforcement ran hundreds of searches in connection with protest activity, according to the EFF.

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New documents obtained by 404 Media show how a data broker owned by American Airlines, United, Delta, and many other airlines is selling masses of passenger data to the U.S. government.#FOIA


Airlines Sell 5 Billion Plane Ticket Records to the Government For Warrantless Searching


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This article was primarily reported using public records requests. We are making it available to all readers as a public service. FOIA reporting can be expensive, please consider subscribing to 404 Media to support this work. Or send us a one time donation via our tip jar here.

A data broker owned by the country’s major airlines, including American Airlines, United, and Delta, is selling access to five billion plane ticketing records to the government for warrantless searching and monitoring of peoples’ movements, including by the FBI, Secret Service, ICE, and many other agencies, according to a new contract and other records reviewed by 404 Media.

The contract provides new insight into the scale of the sale of passengers’ data by the Airlines Reporting Corporation (ARC), the airlines-owned data broker. The contract shows ARC’s data includes information related to more than 270 carriers and is sourced through more than 12,800 travel agencies. ARC has previously told the government to not reveal to the public where this passenger data came from, which includes peoples’ names, full flight itineraries, and financial details.

“Americans' privacy rights shouldn't depend on whether they bought their tickets directly from the airline or via a travel agency. ARC's sale of data to U.S. government agencies is yet another example of why Congress needs to close the data broker loophole by passing my bipartisan bill, the Fourth Amendment Is Not For Sale Act,” Senator Ron Wyden told 404 Media in a statement.

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Do you know anything else about ARC or the sale of this 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.

ARC is owned and operated by at least eight major U.S. airlines, publicly released documents show. Its board of directors includes representatives from American Airlines, Delta, United, Southwest, Alaska Airlines, JetBlue, and European airlines Air France and Lufthansa, and Canada’s Air Canada. ARC acts as a bridge between airlines and travel agencies, in which it helps with fraud prevention and finds trends in travel data. ARC also sells passenger data to the government as part of what it calls the Travel Intelligence Program (TIP).

TIP is updated every day with the previous day’s ticket sales and can show a person’s paid intent to travel. Government agencies can then search this data by name, credit card, airline, and more.

The new contract shows that ARC has access to much more data than previously reported. Earlier coverage found TIP contained more than one billion records spanning more than 3 years of past and future travel. The new contract says ARC provides the government with “5 billion ticketing records for searching capabilities.”


Screenshots of the documents obtained by 404 Media.

404 Media obtained the contract through a Freedom of Information Act (FOIA) with the Secret Service. The contract indicates the Secret Service plans to pay ARC $885,000 for access to the data stretching into 2028. A spokesperson for the agency told 404 Media “The U.S. Secret Service is committed to protecting our nation’s leaders and financial infrastructure in close coordination with our federal, state, and local law enforcement partners. To safeguard the integrity of our work, we do not discuss the tools used to conduct our operations.” The Secret Service did not answer a question on whether it seeks a warrant, subpoena, or court order to search ARC data.

404 Media has filed FOIA requests with a wide range of agencies that public procurement records show have purchased ARC data. That includes ICE, CBP, ATF, the SEC, TSA, the State Department, U.S. Marshals, and the IRS. A court record reviewed by 404 Media shows the FBI has asked ARC to search its databases for a specific person as part of a drug investigation.
playlist.megaphone.fm?p=TBIEA2…
The ATF told 404 Media in a statement “ATF uses ARC data for criminal and investigative purposes related to firearms trafficking and other investigations within ATF’s purview. ATF follows DOJ policy and appropriate legal processes to obtain and search the data. Access to the system is limited to a very small group within ATF, and all subjects searched within ARC must be part of an active, official ATF case/investigation.”

An ARC spokesperson told 404 Media in an email that TIP “was established by ARC after the September 11, 2001, terrorist attacks and has since been used by the U.S. intelligence and law enforcement community to support national security and prevent criminal activity with bipartisan support. Over the years, TIP has likely contributed to the prevention and apprehension of criminals involved in human trafficking, drug trafficking, money laundering, sex trafficking, national security threats, terrorism and other imminent threats of harm to the United States.”

The spokesperson added “Pursuant to ARC’s privacy policy, consumers may ask ARC to refrain from selling their personal data.”

After media coverage and scrutiny from Senator Wyden’s office of the little-known data selling, ARC finally registered as a data broker in the state of California in June. Senator Wyden previously said it appeared ARC had been in violation of Californian law for not registering while selling airline customers’ data for years.


#FOIA

The Department of Energy said it will close FOIA requests from last year unless the requester emails the agency to say they are still interested. Experts say it's an "attempt to close out as many FOIA requests as possible."

The Department of Energy said it will close FOIA requests from last year unless the requester emails the agency to say they are still interested. Experts say itx27;s an "attempt to close out as many FOIA requests as possible."#FOIA #FOIAForum


Trump Administration Outlines Plan to Throw Out an Agency's FOIA Requests En Masse


The Department of Energy (DOE) said in a public notice scheduled to be published Thursday that it will throw out all Freedom of Information Act (FOIA) requests sent to the agency before October 1, 2024 unless the requester proactively emails the agency to tell it they are still interested in the documents they requested. This will result in the improper closure of likely thousands of FOIA requests if not more; government transparency experts told 404 Media that the move is “insane,” “ludicrous,” a “Pandora’s Box,” and “an underhanded attempt to close out as many FOIA requests as possible.”

The DOE notice says “requesters who submitted a FOIA request to DOE HQ at any time prior to October 1, 2024 (FY25), that is still open and is not under active litigation with DOE (or another Federal agency) shall email StillInterestedFOIA@hq.doe.gov to continue processing of the FOIA request […] If DOE HQ does not receive a response from requesters within the 30-day time-period with a DOE control number, no further action will be taken on the open FOIA request(s), and the file may be administratively closed.” A note at the top of the notice says it is scheduled to be formally published in the Federal Register on Thursday.

The agency will send out what are known as “still interested” letters, which federal agencies have used over the years to see if a requester wants to withdraw their request after a certain period of inactivity. These types of letters are controversial and perhaps not legal, and previous administrations have said that they should be used rarely and that requests should only be closed after an agency made multiple attempts to contact a requester over multiple methods of communication. What the DOE is doing now is sending these letters to submitters of all requests prior to October 1, 2024, which is not really that long ago; it also said it will close the requests of people who do not respond in a specific way to a specific email address.

FOIA requests—especially complicated ones—can often take months or years to process. I have outstanding FOIA requests with numerous federal agencies that I filed years ago, and am still interested in getting back, and I have gotten useful documents from federal agencies after years of waiting. The notion that large numbers of people who filed FOIA requests as recently as September 2024, which is less than a year ago, are suddenly uninterested in getting the documents they requested is absurd and should be seen as an attack on public transparency, experts told 404 Media. The DOE’s own reports show that it often does not respond to FOIA requests within a year, and, of course, a backlog exists in part because agencies are not terribly responsive to FOIA.

“If a requester proactively reaches out and says I am withdrawing my request, then no problem, they don’t have to process it,” Adam Marshall, senior staff attorney at the Reporters Committee for Freedom of the Press, told me. “The agency can’t say we’ve decided we’ve gotten a lot of requests and we don’t want to do them so we’re throwing them out.”

“I was pretty shocked when I saw this to be honest,” Marshall added. “I’ve never seen anything like this in 10 years of doing FOIA work, and it’s egregious for a few reasons. I don’t think agencies have the authority to close a FOIA request if they don’t get a response to a ‘still interested’ letter. The statute doesn’t provide for that authority, and the amount of time the agency is giving people to respond—30 days—it sounds like a long time but if you happen to miss that email or aren’t digging through your backlogs, it’s not a lot of time. The notion that FOIA requesters should keep an eye out in the Federal Register for this kind of notice is ludicrous.”

The DOE notice essentially claims that the agency believes it gets too many FOIA requests and doesn’t feel like answering them. “DOE’s incoming FOIA requests have more than tripled in the past four years, with over 4,000 requests received in FY24, and an expected 5,000 or more requests in FY25. DOE has limited resources to process the burgeoning number of FOIA requests,” the notice says. “Therefore, DOE is undertaking this endeavor as an attempt to free up government resources to better serve the American people and focus its efforts on more efficiently connecting the citizenry with the work of its government.”

Lauren Harper of the Freedom of the Press Foundation told me in an email that she also has not seen any sort of precedent for this and that “it is an underhanded attempt to close out as many FOIA requests as possible, because who in their right mind checks the federal register regularly, and it should be challenged in court. (On that note, I am filing a FOIA request about this proposal.)”

“The use of still interested letters isn't explicitly allowed in the FOIA statute at all, and, as far as I know, there is absolutely zero case law that would support the department sending a mass ‘still interested’ letter via the federal register,” she added. “That they are also sending emails is not a saving grace; these types of letters are supposed to be used sparingly—not as a flagrant attempt to reduce their backlog by any means necessary. I also worry it will open a Pandora's Box—if other agencies see this, some are sure to follow.”

Marshall said that FOIA response times have been getting worse for years across multiple administrations (which has also been my experience). The Trump administration and the Department of Government Efficiency (DOGE) have cut a large number of jobs in many agencies across the government, which may have further degraded response times. But until this, there hadn’t been major proactive attempts taken by the self-defined “most transparent administration in history” to destroy FOIA.

“This is of a different nature than what we have seen so far, this affirmative, large-scale effort to purport to cancel a large number of pending FOIA requests,” Marshall said.


The Air Force paid a company that is doing generative AI work for the government. The Air Force won't say what it did, though.

The Air Force paid a company that is doing generative AI work for the government. The Air Force wonx27;t say what it did, though.#FOIA

#FOIA #x27

The Secret Service has used a technology called Locate X which uses location data harvested from ordinary apps installed on phones. Because users agreed to an opaque terms of service page, the Secret Service believes it doesn't need a warrant.

The Secret Service has used a technology called Locate X which uses location data harvested from ordinary apps installed on phones. Because users agreed to an opaque terms of service page, the Secret Service believes it doesnx27;t need a warrant.#FOIA #Privacy

When a Starship employee talked to the police, the report says, he asked for the employee’s information “so he could contact her and offer their insurance information for her injuries and ‘promo codes.’”#Starship #DeliveryRobots #FOIA