Warrantless geofence / brokered-location controversy (PenLink / Texas DPS) [developing]
Key Questions
What is the controversy surrounding warrantless geofence and brokered location data?
Law enforcement agencies, including FBI, ICE, Nevada DPS, and Texas DPS, have used commercial brokers like PenLink and Fog Data Science to access phone location data without warrants. This involves geofence warrants and brokered data purchases, raising privacy concerns. Procurement blocks for aggregators are looming amid legislative pushback.
How did Nevada police use Fog Data Science for tracking?
Nevada law enforcement agencies queried Fog Data Science's commercial surveillance tool to track cell phone locations without obtaining warrants. A report highlighted this warrantless use of location data. This practice is part of broader concerns over brokered data access.
What role does PenLink play in ICE and Texas DPS activities?
ICE uses PenLink to track individuals through digital footprints and mobile devices, often without warrants. Texas DPS has a $5.3 million contract with PenLink for similar location data services. FBI has also made broker purchases via PenLink, as reported by NPR and Sen. Wyden.
FBI Patel broker buys (NPR/Wyden, ICE/PenLink); NV DPS-Fog Data warrantless phone tracking (1ALe7lIu; NV police warrantless use via Fog Data Science, EFF low-bar contracts post-Carpenter 1AN53vlQ); TX $5.3M PenLink; MN geofence bill, ME LD 1822, Fall River warrants. Procurement blocks loom for aggregators.