The rapid expansion of the database and the ability of 2,700 CBP officers to access it without a warrant — two details not previously known about the database — have raised alarms in Congress about what use the government has made of the information, much of which is captured from people not suspected of any crime. CBP officials told congressional staff the data is maintained for 15 years.
Details of the database were revealed Thursday in a letter to CBP Commissioner Chris Magnus from Sen. Ron Wyden (D-Ore.), who criticized the agency for “allowing indiscriminate rifling through Americans’ private records” and called for stronger privacy protections.
The revelations add new detail to what’s known about the expanding ways that federal investigators use technology that many Americans may not understand or consent to.
Agents from the FBI and Immigration and Customs Enforcement, another Department of Homeland Security agency, have run facial recognition searches on millions of Americans’ driver’s license photos. They have tapped private databases of people’s financial and utility records to learn where they live. And they have gleaned location data from license-plate reader databases that can be used to track where people drive.
CBP’s inspection of people’s phones, laptops, tablets and other electronic devices as they enter the country has long been a controversial practice that the agency has defended as a low-impact way to pursue possible security threats and determine an individual’s “intentions upon entry” into the U.S. But the revelation that thousands of agents have access to a searchable database without public oversight is a new development in what privacy advocates and some lawmakers warn could be an infringement of Americans’ Fourth Amendment rights against unreasonable searches and seizures.
CBP spokesman Lawrence “Rusty” Payne said in a statement Thursday that the agency conducts “border searches of electronic devices in accordance with statutory and regulatory authorities” and has imposed rules to ensure the searches are “exercised judiciously, responsibly, and consistent with the public trust.”
The database, known as the Automated Targeting System, is used “to further review, analyze, and assess information CBP obtained from electronic devices associated with individuals who are of a significant law enforcement, counterterrorism” or national security concern, he said.
CBP officials declined, however, to answer questions about how many Americans’ phone records are in the database, how many searches have been run or how long the practice has gone on, saying it has made no additional statistics available “due to law enforcement sensitivities and national security implications.”
A 2018 CBP directive establishing rules for the searches said officers should only retain information relating to immigration, customs or “other enforcement matters” unless they have probable cause that could justify saving more of the phones’ contents.
In the briefing this summer, however, CBP officials said their default configuration for some of the searches had been to download and retain all contact lists, call logs and messages, a Wyden aide said.
CBP officials retain people’s phone data in a very small fraction of searches and only when “absolutely necessary,” Aaron Bowker, CBP’s director of office of field operations, said in an interview Thursday.
CBP conducted roughly 37,000 searches of travelers’ devices in the 12 months ending in October 2021, according to agency data, and more than 179 million people traveled that year…
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