DEA Collecting Massive Database Of Your Driving Habits In Secret, Using License Plate Readers

from the disband-the-dea dept

What is up with the DEA? For all the focus on the NSA, the CIA and even the FBI, it really seems like the agency that is absolutely out of control is the DEA. In just the last few months, we've written about the DEA having its own giant database of metadata on phone calls (with less oversight than the NSA), how it has embedded telco employees who are able to snoop on subscribers in real-time for the DEA, how the DEA is deeply involved in parallel construction (using intelligence info collected under questionable means to arrest someone and then to hide or lie to judges about that information), how it paid a secretary at Amtrak $850,000 to give them all of Amtrak's passenger lists, how it was (with the NSA) recording every single phone call in the Bahamas and, finally, how it was impersonating people on Facebook.

And now, the latest is that the DEA has been building a massive database of your travel habits using automatic license plate readers. These license plate readers have been used increasingly by law enforcement, and the ACLU has been tracking their growing usage for years. A year ago, we wrote about Homeland Security putting out a call for a national license plate reader program, resulting in public outrage. While it eventually scrapped those public plans, we noted at the time that DHS still had access to plenty of other databases of license plate reader data, including one in ICE (Immigrations and Customs Enforcement).

But the latest news is that the DEA also had a huge database of this info as well:

The new DEA records that we received are heavily redacted and incomplete, but they provide the most complete documentation of the DEA’s database to date. For example, the DEA has previously testified that its license plate reader program began at the southwest border crossings, and that the agency planned to gradually increase its reach; we now know more about to where it has grown. The DEA had previously suggested that “other sources” would be able to feed data into the database; we now know about some of the types of agencies collaborating with the DEA.

The documents uncovered by our FOIA request provide additional details, but their usefulness is limited by the DEA’s decision to provide only documents that are undated or years old. If the DEA’s collection of location information is as extensive as the agency has suggested in its limited comments to legislatures, the public deserves a more complete and comprehensive explanation than the smattering of records we have obtained can provide.

These records do, however, offer documentation that this program is a major DEA initiative that has the potential to track our movements around the country. With its jurisdiction and its finances, the federal government is uniquely positioned to create a centralized repository of all drivers’ movements across the country — and the DEA seems to be moving toward doing just that. If license plate readers continue to proliferate without restriction and the DEA holds license plate reader data for extended periods of time, the agency will soon possess a detailed and invasive depiction of our lives (particularly if combined with other data about individuals collected by the government, such as the DEA’s recently revealed bulk phone records program, or cell phone information gleaned from U.S. Marshals Service’s cell site simulator-equipped aircraft ). Data-mining the information, an unproven law enforcement technique that the DEA has begun to use here, only exacerbates these concerns, potentially tagging people as criminals without due process.

Among the information the ACLU's new documents show, is that the DEA already taps into other agencies' license plate reader databases, including local law enforcement and federal agencies like those in DHS. The records the ACLU obtained note that there were over 343 million records in the database (but the redactions on the document obscure the date of that finding, so it's likely much larger today).

Oh, and then there's this: one of the main points of the program is to help law enforcement steal seize things from the public: And, of course, the DOJ is trying to downplay the whole thing:

A spokesman for Justice Department, which includes the DEA, said the program complies with federal law. “It is not new that the DEA uses the license-plate reader program to arrest criminals and stop the flow of drugs in areas of high trafficking intensity,’’ the spokesman said.

That's a bullshit response on any number of levels. It may not be new that the DEA is using the technology, but the extent of its usage, and the efforts it has taken to keep it secret are new. On top of that, the fact that its primary purpose is to help with seizures is a pretty big deal, especially given the rest of what the DEA has been doing lately. It makes you wonder if there's any oversight at all on this stuff.

Filed Under: 4th amendment, alpr, automatic license plate readers, dea, license plate readers, privacy