U.S. Customs and Border Protection is refusing to tell Congress what legal authority the agency is following to use commercially bought location data to track Americans without a warrant, according to the office of Senator Ron Wyden. The agency is buying location data from Americans all over the country, not just in border areas.
The lack of disclosure around why CBP believes it does not need a warrant to use the data, as well as the Department of Homeland Security not publishing a Privacy Impact Assessment on the use of such location information, has spurred Wyden and Senators Elizabeth Warren, Sherrod Brown, Ed Markey, and Brian Schatz on Friday to ask the DHS Office of the Inspector General (DHS OIG) to investigate CBP’s warrantless domestic surveillance of phones, and determine if CBP is breaking the law or engaging in abusive practices.