PROVIDENCE, R.I. (AP) — When U.S. law enforcement officials need to cast a wide net for information, they’re increasingly turning to the vast digital ponds of personal data created by Big Tech companies via the devices and online services that have hooked billions of people around the world.
Data compiled by four of the biggest tech companies shows that law enforcement requests for user information — phone calls, emails, texts, photos, shopping histories, driving routes and more — have more than tripled in the U.S. since 2015. Police are also increasingly savvy about covering their tracks so as not to alert suspects of their interest.
That’s the backdrop for recent revelations that the Trump-era U.S. Justice Department sought data from Apple, Microsoft and Google about members of Congress, their aides and news reporters in leak investigations – then pursued court orders that blocked those companies from informing their targets.
In just the first half of 2020 – the most recent data available – Apple, Google, Facebook and Microsoft together fielded more than 112,000 data requests from local, state and federal officials. The companies agreed to hand over some data in 85% of those cases. Facebook, including its Instagram service, accounted for the largest number of disclosures.
Consider Newport, Rhode Island, a coastal city of 24,000 residents that attracts a flood of summer tourists. Fewer than 100 officers patrol the city — but they make multiple requests a week for online data from tech companies.
That’s because most crimes – from larceny and financial scams to a recent fatal house party stabbing at a vacation rental booked online – can be at least partly traced on the internet. Tech providers, especially social media platforms, offer a “treasure trove of information” that can help solve them, said Lt. Robert Salter, a supervising police detective in Newport.
“Everything happens on Facebook,” Salter said. “The amount of information you can get from people’s conversations online — it’s insane.”
As ordinary people have become increasingly dependent on Big Tech services to help manage their lives, American law enforcement officials have grown far more savvy about technology than they were five or six years ago, said Cindy Cohn, executive director of the Electronic Frontier Foundation, a digital rights group.
That’s created what Cohn calls “the golden age of government surveillance.” Not only has it become far easier for police to trace the online trails left by suspects, they can also frequently hide their requests by obtaining gag orders from judges and magistrates. Those orders block Big Tech companies from notifying the target of a subpoena or warrant of law enforcement’s interest in their information — contrary to the companies’ stated policies.
Of course, there’s often a reason for such secrecy, said Andrew Pak, a former federal prosecutor. It helps prevent investigations getting sidetracked because someone learns about it, he said —“the target, perhaps, or someone close to it.”
Longstanding opposition to such gag orders has recently resurfaced in the wake of the Trump-era orders.
Apple in 2018 shared phone and account data generated by two Democratic members of the House Intelligence Committee, but the politicians didn’t find out until May, once a series of gag orders expired.
Microsoft also shared data about a congressional aide and had to wait more than two years before telling that person. Brad Smith, Microsoft’s president, last week called for an end to the overuse of secret gag orders, arguing in a Washington Post opinion piece that “prosecutors too often are exploiting technology to abuse our fundamental freedoms.”
Critics like Cohn have called for revision of U.S. surveillance laws drawn up years ago when the police and prosecutors typically had to deliver warrants to the home of the person being targeted for searches. Now that most personal information is now kept in the equivalent of vast digital storehouses controlled by Big Tech companies, such searches can proceed in secret.
“Our surveillance laws are really based on the idea that if something is really important, we store it at home, and that doesn’t pass the giggle test these days,” Cohn said. “It’s just not true.”