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Federal surveillance tools and tactics: An explainer
As protesters gathered earlier this year in Minneapolis and other U.S. cities in opposition to federal immigration policy, news organizations like 404 Media revealed the tools and tactics that federal officers and agents have been using to monitor citizens and non-citizens. While a small number of news outlets have done extensive investigations, there remains much reporting left to do on federal surveillance capabilities, according to two experts we recently spoke with — Marianna Poyares, a fellow at the Center on Privacy and Technology at Georgetown Law, and Rachel Levinson-Waldman, director of the Liberty and National Security Program at New York University’s Brennan Center. This explainer will get reporters up to speed on some of the technologies federal officers and agents have access to that can read license plates, recognize faces and query databases. There are two main federal agencies that enforce immigration laws: Immigration and Customs Enforcement and Customs and Border Protection, which are both under the Department of Homeland Security. One important distinction between those agencies is that, although they often work together, they have different mandates for where they operate. CBP officers and agents generally enforce immigration laws and can conduct warrantless stops, by federal law, within 100 air miles of U.S. land borders and coastlines. They also operate at more than 300 land, air and sea ports. ICE officers and agents enforce immigration laws within the country. When asking sources questions about ICE and CBP, it’s helpful to know the mandates and authorities of those agencies, and to be precise about the agency you’re talking about. Keep reading for insights on surveillance technologies, how local and federal agents cooperate and constitutional considerations at play. Plus, five questions based on our interviews with Poyares and Levinson-Waldman that journalists can use to kick off investigations into federal surveillance in their coverage area. Government data infrastructure has taken decades to develop. AI is now helping power it License plate readers. Facial recognition apps. Interconnected databases. These tools and systems are the product of decades of government and private investment. They exist because of policy and procurement choices made over decades — choices that journalists can scrutinize. For example, federal immigration agents have reportedly used facial recognition software called Mobile Fortify to scan the ...
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