How the U.S. Secret Service accesses application data without authorization
U.S. Secret Service officials have sparked debate over whether a warrant is required to access location data collected through common smartphone applications.
According to internal communications obtained, some representatives of the service stated that when people accept the terms of use of the application, they themselves agree to be tracked. However, users usually do not even realize that this data can reach the authorities.
Leaked letters reveal detailed information about the use of a tool called by the United States Secret Service, which allows you to track a person's activities using their phone. An audit in found that the Secret Service, Customs and Immigration Enforcement illegally accessed this data. In response to a journalist's request, a representative from the Secret Service stated that the tool is no longer in use.
Developed by, activity data from people is collected through applications on and devices. These applications transmit information to data brokers, who then provide support for systems such as. Due to the release of the protocol, information regarding the use of first appeared in the year.
The NSA and other agencies have been found using the program to track fraudsters, such as those who steal bank card details. One document notes that the tool helps identify phones located in places where skimming incidents have been recorded.
However, there is internal disagreement within the Secret Service about the legality of using this data without authorization. Some employees believe that the tool is in line with the Supreme Court's ruling in the Timothy Carpenter case, which determined that accessing phone data requires a search warrant. But the company insists that its tool is not illegal because the data is collected with user consent and is anonymized.
The most recent demonstration letter also discussed which intelligence units have utilized it. For instance, the Strategic Investigations Office has employed the tool to locate mobile phones during investigations at airports and international inquiries into cryptocurrency fraud.
Senator Ron Wyden expressed concerns over the government purchasing location data without authorization, thereby circumventing the Fourth Amendment. Wyden stated that Congress must pass legislation to establish strict rules for the government's use of commercial data.
The Secret Service confirmed in response to the investigation that its operations complied with the law and policies, but no longer used.