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Enhanced Surveillance Technology Implementation by Texas State Police

In a move that has raised concerns among digital privacy advocates, the Texas Department of Public Safety (DPS) has signed a 5-year, nearly $5.3 million contract for a controversial surveillance tool called Tangles from tech firm PenLink. This deal is almost twice as large as the company’s contract with the federal Immigration and Customs Enforcement (ICE), highlighting the significant investment the state of Texas is making in enhanced surveillance technology.

Tangles is an artificial intelligence-powered web platform that scrapes information from the open, deep, and dark web. One of its premier features, WebLoc, allows clients to track mobile devices’ movements in a specific virtual area through geofencing, without the need for a search warrant or subpoena. This capability raises concerns about the potential misuse of personal data and the erosion of privacy rights in the digital age.

Data privacy advocates like Wolfie Christl argue that the decontextualization of data collected for one purpose and used for another is a concerning trend in the digital society. The ability to track individuals’ movements through their mobile devices using tools like Tangles raises significant ethical and legal questions about the extent to which law enforcement agencies should have access to such personal information without proper oversight and accountability.

The use of location data harvested from apps for surveillance purposes has come under scrutiny following the U.S. Supreme Court’s ruling in Carpenter v. United States, which established that police must obtain a warrant to access cell phone location data from service providers. However, the sale of mobile device data to third-party brokers and surveillance tech firms remains a legal gray area, with concerns about the invasive nature of such practices and the lack of evidence that they significantly contribute to solving cases or enhancing public safety.

The acquisition of Tangles by the Texas State Police reflects a broader trend in law enforcement agencies’ increasing reliance on surveillance technology to combat crime and terrorism. The use of tools like Tangles raises important questions about the balance between public safety and individual privacy rights in an increasingly digital and interconnected world.

Controversy Surrounding Surveillance Tech

The controversy surrounding the implementation of surveillance technology like Tangles by the Texas State Police is not limited to concerns about privacy and data protection. The origins of the technology and the company behind it also raise questions about its potential misuse and the implications for civil liberties.

Cobwebs Technologies, the cybersecurity company that offers Tangles, was founded in Israel by former members of Israeli military special units. The company’s products, marketed as open source intelligence (OSINT) tools, have been used to combat terrorism, drug smuggling, and money laundering. However, critics have accused the company of operating as a surveillance-for-hire outfit, raising concerns about the ethical implications of using such technology for law enforcement purposes.

The acquisition of Cobwebs Technologies by the Nebraska-based tech firm PenLink in 2023 further underscores the growing influence of surveillance technology in the law enforcement sector. The expansion of Tangles’ user base to include federal agencies like ICE, the Internal Revenue Service, and the U.S. Fish and Wildlife Service highlights the widespread adoption of such tools across various government agencies.

Privacy Concerns and Legal Implications

The use of surveillance technology like Tangles raises significant privacy concerns and legal implications for individuals whose data is being collected and analyzed without their knowledge or consent. The ability to track mobile devices’ movements and access personal information through geofencing raises questions about the extent to which law enforcement agencies should have access to such data and the potential for misuse or abuse.

Beryl Lipton, an investigative researcher at the Electronic Frontier Foundation, has highlighted the ease with which seemingly anonymous data like mobile ad IDs can be used to identify individuals and build detailed profiles based on their digital footprint. The lack of transparency and accountability in the collection and use of such data by surveillance tech companies and data brokers further complicates the ethical and legal issues surrounding the use of location data for surveillance purposes.

Nate Wessler, the ACLU attorney who argued the Carpenter case before the U.S. Supreme Court, has criticized the defense of selling mobile device data as anonymous, calling it “pure poppycock.” The lack of clear legal frameworks and regulations governing the sale and use of location data for surveillance purposes raises concerns about the potential for abuse and the erosion of privacy rights in the digital age.

Implications for Public Safety and Civil Liberties

The implementation of surveillance technology like Tangles by the Texas State Police and other law enforcement agencies has significant implications for public safety and civil liberties. While the use of such tools is justified as a means to combat crime and terrorism, the erosion of privacy rights and the potential for misuse of personal data raise important ethical and legal questions about the balance between security and individual freedoms.

The expansion of Tangles’ user base to include local law enforcement agencies in Texas and other states underscores the growing reliance on surveillance technology in the fight against crime and terrorism. The use of tools like Tangles to track cartel operatives and potential mass attackers raises concerns about the extent to which law enforcement agencies should have access to such powerful surveillance tools without proper oversight and accountability.

The need for clear legal frameworks and regulations governing the use of surveillance technology like Tangles is crucial to protecting individual privacy rights and ensuring accountability in law enforcement practices. The growing influence of surveillance tech companies and data brokers in the collection and sale of personal data raises concerns about the potential for abuse and the erosion of civil liberties in the digital age.

In conclusion, the implementation of enhanced surveillance technology by the Texas State Police and other law enforcement agencies raises important ethical, legal, and privacy concerns. The use of tools like Tangles to track individuals’ movements and access personal data without proper oversight and accountability highlights the need for clear regulations and guidelines to protect individual privacy rights and ensure transparency in law enforcement practices. As technology continues to evolve, it is essential that policymakers, lawmakers, and the public engage in a meaningful dialogue about the implications of surveillance technology for public safety and civil liberties.