Social media has become a significant source of information for U.S. law enforcement and intelligence agencies for purposes ranging from conducting investigations to screening travelers. This raises a host of civil rights and civil liberties concerns. Someone’s social media presence can reveal an astounding amount of personal information: beliefs, professional and personal networks, health conditions, sexuality, and more.
With that in mind, this growing — and largely unregulated — use of social media by the government is rife with risks for freedom of speech, assembly, and religion, particularly for Black, Latino, and Muslim communities, who are already targeted the most by law enforcement and intelligence efforts. Many of the agencies currently conducting social media surveillance today have a history of using this and other types of monitoring to target minorities and social movements.
Which federal agencies are conducting surveillance on social media platforms?
The three agencies that use social media the most for monitoring, targeting and information collection are the Department of Homeland Security, the Federal Bureau of Investigation, and the State Department.
However, many other federal agencies monitor social media, including the Drug Enforcement Administration, the U.S. Postal Service, the Internal Revenue Service, the Social Security Administration, the U.S. Marshals Service, and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Why do federal agencies monitor social media?
Federal agencies use social media for four main purposes.
Investigations: Law enforcement agencies monitor social media to assist with criminal and civil investigations, some of which may not require a prior showing of criminal activity. Without any factual basis, FBI agents can open a type of inquiry called an “assessment” if they have an “authorized purpose” like preventing crime or terrorism, during which they can carry out searches of publicly available online information. Subsequent investigative stages, which require some factual basis, open the door for more invasive surveillance tactics, such as the monitoring and recording of chats, direct messages, and other private online communications in real time. ICE agents can look at public social media content as well as operate undercover online to monitor private online communications, but the circumstances under which the latter is permitted are not publicly known.
Threat detection: FBI agents can monitor public social media postings even without opening an assessment or other investigation. Various components within DHS, including its Office of Intelligence & Analysis, also monitor social media, aiming to identify potential threats of violence or terrorism.
Situational awareness: The federal government also uses social media to provide an “ear to the ground” when coordinating a response to breaking events. A range of DHS offices — including the Office of Operations Coordination and Planning, Customs and Border Protection and the Federal Emergency Management Agency — keep tabs on a broad list of websites and keywords being discussed on social media platforms. Such monitoring can help keep people informed about developments during a crisis, identify those in need of help, and determine “threats or dangers” to DHS personnel and facilities. However, privacy impact assessments of these programs suggest there are few limits on the content that can be reviewed.
Immigration and travel screening: The social media accounts of travelers and immigrants coming into the United States are used to vet them upon entry, as well as to monitor them while they live here. Those applying for a range of immigration benefits also undergo social media checks to verify their information and determine if they pose a security risk. READ MORE...
Federal agencies use social media for four main purposes.
Investigations: Law enforcement agencies monitor social media to assist with criminal and civil investigations, some of which may not require a prior showing of criminal activity. Without any factual basis, FBI agents can open a type of inquiry called an “assessment” if they have an “authorized purpose” like preventing crime or terrorism, during which they can carry out searches of publicly available online information. Subsequent investigative stages, which require some factual basis, open the door for more invasive surveillance tactics, such as the monitoring and recording of chats, direct messages, and other private online communications in real time. ICE agents can look at public social media content as well as operate undercover online to monitor private online communications, but the circumstances under which the latter is permitted are not publicly known.
Threat detection: FBI agents can monitor public social media postings even without opening an assessment or other investigation. Various components within DHS, including its Office of Intelligence & Analysis, also monitor social media, aiming to identify potential threats of violence or terrorism.
Situational awareness: The federal government also uses social media to provide an “ear to the ground” when coordinating a response to breaking events. A range of DHS offices — including the Office of Operations Coordination and Planning, Customs and Border Protection and the Federal Emergency Management Agency — keep tabs on a broad list of websites and keywords being discussed on social media platforms. Such monitoring can help keep people informed about developments during a crisis, identify those in need of help, and determine “threats or dangers” to DHS personnel and facilities. However, privacy impact assessments of these programs suggest there are few limits on the content that can be reviewed.
Immigration and travel screening: The social media accounts of travelers and immigrants coming into the United States are used to vet them upon entry, as well as to monitor them while they live here. Those applying for a range of immigration benefits also undergo social media checks to verify their information and determine if they pose a security risk. READ MORE...
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