DHS Inspector General Launches Investigation into Warrantless Cell Phone Tracking

Department of Homeland Security Inspector General Joseph Cuffari plans to conduct an audit into the agency’s surveillance and data collection practices after an October 23rd letter from Senators raised questions about Customs and Border Protection (CBP)’s domestic surveillance practices. IG Cuffari’s November 25th letter responding to the Senators indicates he will he complete an audit to ensure that DHS and its components “have developed, updated, and adhered to policies related to cell-phone surveillance devices.” 

The request to investigate CBP’s warrantless cell phone surveillance was made by Senators Ron Wyden (D-OR), Elizabeth Warren, (D-MA), Ed Markey (D-MA), Brian Schatz (D-HI), and Sherrod Brown (D-OH).

The need for an investigation was highlighted when Customs and Border Protection (CBP) officials told Senate staff that the agency uses a commercial database from Venntel, a Virginia-based government contractor, to track and identify people in the U.S without a court order.

Senator Wyden explained, “If federal agencies are tracking American citizens without warrants, the public deserves answers and accountability. I won’t accept anything less than a thorough and swift inspector general investigation that sheds light on CBP’s phone location data surveillance program.”

Senator Warren said of the investigation, “I’m glad that the Inspector General agreed to our request to investigate this potentially unconstitutional abuse of power by the CBP because we must protect the public's Fourth amendment rights to be free from warrantless searches.”