THROUGH APPS, NOT WARRANTS, ‘LOCATE X’ ALLOWS FEDERAL LAW ENFORCEMENT TO TRACK PHONES | WHAT REALLY HAPPENED X-Frame-Options: SAMEORIGIN

THROUGH APPS, NOT WARRANTS, ‘LOCATE X’ ALLOWS FEDERAL LAW ENFORCEMENT TO TRACK PHONES

U.S. law enforcement agencies signed millions of dollars worth of contracts with a Virginia company after it rolled out a powerful tool that uses data from popular mobile apps to track the movement of people's cell phones, according to federal contracting records and six people familiar with the software.

The product, called Locate X and sold by Babel Street, allows investigators to draw a digital fence around an address or area, pinpoint mobile devices that were within that area, and see where else those devices have traveled, going back months, the sources told Protocol.

They said the tool tracks the location of devices anonymously, using data that popular cell phone apps collect to enable features like mapping or targeted ads, or simply to sell it on to data brokers.

Babel Street has kept Locate X a secret, not mentioning it in public-facing marketing materials and stipulating in federal contracts that even the existence of the data is "confidential information." Locate X must be "used for internal research purposes only," according to terms of use distributed to agencies, and law enforcement authorities are forbidden from using the technology as evidence — or mentioning it at all — in legal proceedings.

Federal records show that U.S. Customs and Border Protection purchased Locate X, and the Secret Service and U.S. Immigration and Customs Enforcement also use the location-tracking technology, according to a former Babel Street employee. Numerous other government agencies have active contracts with Reston-based Babel Street, records show, but publicly available contract information does not specify whether other agencies besides CBP bought Locate X or other products and services offered by the company.

None of the federal agencies, including CBP, would confirm whether they used the location-tracking software when contacted by Protocol. Babel Street's other products include an analytics tool it has widely marketed that sifts through streams of social media to "chart sentiment" about topics and brands.

Webmaster's Commentary: 

This is both a dangerous precedent, and yet another, painful example of the reality of how much we have morphed, as a society, from allegedly "Innocent until proven guilty" to a "Guilty until proven innocent, Code Napoleon Throwback law.

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