FISA, Section 702, and the Data Broker Loophole

Is the Trump administration creating a centralized database that tracks the activities Americans? Americans who are not suspected of committing a crime?

That’s the question at the heart of a new lawsuit filed against the administration by the Freedom of the Press Foundation. That’s an organization advocating for press freedoms.

These allegations stem from an executive order signed by Donald Trump last year encouraging data sharing between federal agencies and the elimination of “information silos.” In the last year, the Trump administration has loosened restrictions around the Central Intelligence Agency’s access law enforcement data. It has also allowed Immigration and Customs Enforcement to access Medicaid data and given ICE access to data from the Internal Revenue Service.

These instances of data sharing between agencies have led to court battles and raised concerns over the amount of access the federal government has to our personal data and what they’re doing with it.

We discuss the erosion of privacy protections under the Trump administration and what it means for you.

A statement from Flock…

“Flock does not share data on behalf of customers – agencies own and control their data and decide how it’s shared. As is made clear in our Terms & Conditions, “all right, title, and interest in and to Customer Data belong to and are retained by Customer.” Agencies can opt to share 1:1, within a geographic radius, across statewide or nationwide networks, or not at all. All searches on the platform are logged in an unalterable audit trail.

Any sharing with federal law enforcement must be done on a 1:1 basis; federal agencies are not part of statewide or nationwide networks. In order for an agency to establish a sharing relationship with federal law enforcement, the local agency must explicitly allow federal law enforcement to discover that they exist within the Flock system (a setting that is opt-in only and off by default); federal law enforcement must then request access to that system; and the local agency must then accept federal law enforcement’s share request.

Flock does not have any contracts with ICE or any DHS subagency. You can read more here.On contract renewals: law enforcement agencies nationwide use Flock to help solve serious crimes. When a tool that is actively helping solve violent crimes is removed, public safety moves backward. That has real consequences: cases will take longer to solve, organized retail theft crews will operate with fewer obstacles, an Amber Alert may not be returned home, and victims may wait longer, or indefinitely, for justice. You can read more here.”

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