US immigration and Customs Enforcement is asking companies to provide information about “commercial Big Data and Ad Tech” products that would “directly support investigative activities,” according to a request for information posted Friday in the Federal Register, the U.S. government's official journal for agency notices, regulations and other public documents.
The notice states that ICE is “working with increasing amounts of criminal, civil, and regulatory, administrative documentation from numerous internal and external sources.” The agency views the request as a way to explore what tools are currently available to help manage and analyze the information ICE has, saying it is looking at “existing and emerging” products that are “similar to major providers of investigative data and legal/risk analytics.”
Additionally, the submission says that “the government is seeking to understand the current state of Ad Tech-enabled and location data services available to federal research and operational entities, taking into account regulatory limitations and privacy expectations of supporting research activities.” The filing offers few details beyond this broad description: it does not specify which regulations or privacy standards would apply, nor does it name any specific “Big Data and Ad Tech” services or vendors in which ICE is interested.
According to WIRED searches, it appears the listing marks the first time the term “ad tech” has appeared in a request for information, contract request, or contract justification placed on the Federal Register by ICE. The request underscores how tools originally developed for digital advertising and other commercial purposes are increasingly being considered for government use for law enforcement and surveillance.
In an unsigned statement emailed to WIRED, ICE emphasized that the filing was for information and planning purposes only. “Law enforcement across the country is using technological innovation to fight crime. ICE is no different,” the statement read. ICE said it uses technology to support investigations and assist in the arrest of criminals, “all while respecting civil liberties and privacy interests.”
The Department of Homeland Security did not immediately respond to a request for comment.
ICE has previously used the term “big data” in a contract justification for Palantir to provide “unrestricted operation and maintenance support of the FALCON System” and unlimited licenses for “Palantir Gotham.” Gotham is Palantir's turnkey investigative tool for law enforcement. The company provides a modified version of Gotham to ICE, known as the 'Investigative Case Management' system. FALCON is a tool within the custom Palantir system that ICE uses to “store, search, analyze and visualize volumes of existing information” about current and past investigations.
ICE has also previously purchased products that provide mobile location data, which is sometimes part of the information provided by companies that buy and sell information collected for online advertising. Advertising data may include details about the device and apps a person uses, where they are located and their browsing activity.
ICE purchased commercial location data obtained from Webloc, a tool sold by the company Penlink. Webloc allows a user to collect information about the mobile phones used within a certain area over a certain period of time. Users have the option to filter the devices shown based on criteria such as whether their location was collected via “GPS, WiFi, or IP address,” or based on their “Apple and Android advertising IDs,” according to reporting by 404 Media.
In recent years, ICE has also acquired licenses to use Venntel, a data broker and subsidiary of the Gravy Analytics firm that collects and sells consumer location data. In a Federal Registry notice that finalized a contract with Venntel last year, ICE said its Enforcement and Removal Operations division had used the company's software “to access and obtain information to accurately identify digital devices.”
