An agency database WIRED obtained reveals that US Immigration and Customs Enforcement agents are using an obscure legal tool to demand data from elementary schools, news organizations, and abortion clinics in ways that, some experts say, may be illegal.
Customs Enforcement agents are using an obscure legal tool to demand data from elementary schools, news organizations, and abortion clinics in ways that, some experts say, may be illegal.
A WIRED analysis of an Immigration and Customs Enforcement subpoena tracking database, obtained through a Freedom of Information Act request, found that agents issued custom summons more than 170,000 times from the beginning of 2016 through mid-August 2022. The primary recipients of 1509s include telecommunications companies, major tech firms, money transfer services, airlines, and even utility companies.
In at least two instances, agents at ICE used the custom summons to pressure news organizations to reveal information about their sources.“This is really dangerous,” says Matthew Guariglia, a policy analyst at the Electronic Frontier Foundation, a digital rights nonprofit. He adds that the frequent and apparently widespread use of 1509 summonses creates “a situation where this agency can fully go rogue” by using this tool in investigations that fall outside the scope of the law.
However, a former high-level Department of Homeland Security official, who spoke on the condition of anonymity because their current employer forbids them from speaking to the press, expressed serious concern about many of the summonses. “It seems reasonable that ICE should be able to inspect records from a company like Amazon for customs investigations,” they say.
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