In a significant move, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has terminated its use of a controversial surveillance tool known as Webloc. This decision comes amid growing legal and ethical concerns regarding the use of commercial location data for law enforcement purposes without a warrant.
The ATF, tasked with enforcing U.S. gun laws, initially engaged in a “pilot” program with Webloc, a tool developed by Penlink. This tool aggregates data from consumer apps and ad networks, facilitating the tracking of mobile devices. Lawmakers, including Rep. Michael Cloud (R-Texas) and Sen. Ron Wyden (D-Oregon), have been vocal critics of such practices, citing potential privacy violations.
Webloc’s data collection method, often referred to as “ad tech,” has sparked controversy because it allows bypassing the need for a warrant to track devices in specific areas at given times. This is despite the U.S. Supreme Court’s 2018 ruling requiring warrants for accessing historical cellphone location data, a decision that did not extend to commercially acquired data.
The tool has been utilized not only by the ATF but also by entities such as the U.S. military, U.S. Immigration and Customs Enforcement, local law enforcement agencies, and even international bodies like El Salvador’s national police and Hungarian intelligence, as reported by Citizen Lab at the University of Toronto.
Lawmakers Hail ATF’s Decision
Sen. Wyden praised the ATF’s cessation of Webloc, stating, “a victory for Americans’ constitutional rights.” He, alongside Rep. Cloud, had previously highlighted the potential legal and privacy issues surrounding the use of adtech data. Their advocacy followed a May congressional hearing where ATF Director Robert Cekada admitted to the agency’s acquisition of geolocation data.
Subsequent briefings revealed that the ATF conducted over 300 warrantless searches using Webloc, with more than 200 linked to ongoing investigations. In one notable case involving suspected arson at a defense contractor’s site, judicial concerns led the agency to revert to traditional warrant-based data collection.
Penlink, which acquired Webloc from Israeli firm Cobwebs, expressed its commitment to assisting ATF in reducing violent crime, emphasizing its longstanding collaboration with the agency.
Ongoing Use by Other Agencies
Despite ATF’s decision, other government entities, such as the FBI and the Department of Homeland Security (DHS), continue to procure commercial geolocation data. DHS has been actively seeking information on how such data could support its operations, while FBI officials have defended the practice as compliant with legal standards.
In response to these practices, a bipartisan group of lawmakers, including Wyden, has introduced legislation aimed at prohibiting the purchase of data without a court order. The proposed bill reflects growing legislative efforts to address the balance between law enforcement needs and citizens’ privacy rights.
