Privacy Law Experts on ICE Social Media Surveillance-NY Times

Earlier this year, The Intercept revealed that ICE had floated plans for a system that could automatically scan social media for “negative sentiment” toward the agency and flag users thought to show a “proclivity for violence.” Procurement records previously reviewed by 404 Media identified software used by the agency to build dossiers on flagged individuals, compiling personal details, family links, and even using facial recognition to connect images across the web. Observers warned it was unclear how such technology could distinguish genuine threats from political speech. 404 Media filed a freedom of information lawsuit demanding ICE release the contract and related records, citing widespread concern that the tool could be used to target immigrants, journalists, and activists. The Electronic Privacy Information Center has similarly sued ICE, calling its reliance on data brokers a “significant threat to privacy and liberty.” The American Civil Liberties Union has argued that buying bulk datasets—such as smartphone location trails gathered from ordinary apps—helps ICE sidestep warrant requirements and helps it pull in vast amounts of data with no clear link to its enforcement mandate.