Data Brokers are Selling Your Flight Information to CBP and ICE

EFF update
1 month ago

For many years, data brokers have existed in the shadows, exploiting gaps in privacy laws to harvest our information—all for their own profit. They sell our precise movements without our knowledge or meaningful consent to a variety of private and state actors, including law enforcement agencies. And they show no sign of stopping.

This incentivizes other bad actors. If companies collect any kind of personal data and want to make a quick buck, there’s a data broker willing to buy it and sell it to the highest bidder–often law enforcement and intelligence agencies.

One recent investigation by 404 Media revealed that the Airlines Reporting Corporation (ARC), a data broker owned and operated by at least eight major U.S. airlines, including United Airlines and American Airlines, collected travelers’ domestic flight records and secretly sold access to U.S. Customs and Border Protection (CBP). Despite selling passengers’ names, full flight itineraries, and financial details, the data broker prevented U.S. border forces from revealing it as the origin of the information. So, not only is the government doing an end run around the Fourth Amendment to get information where they would otherwise need a warrant—they’ve also been trying to hide how they know these things about us. 

ARC’s Travel Intelligence Program (TIP) aggregates passenger data and contains more than one billion records spanning 39 months of past and future travel by both U.S. and non-U.S. citizens. CBP, which sits within the U.S. Department of Homeland Security (DHS), claims it needs this data to support local and state police keeping track of people of interest. But at a time of growing concerns about increased immigration enforcement at U.S. ports of entry, including unjustified searches, law enforcement officials will use this additional surveillance tool to expand the web of suspicion to even larger numbers of innocent travelers. 

More than 200 airlines settle tickets through ARC, with information on more than 54% of flights taken globally. ARC’s board of directors includes representatives from U.S. airlines like JetBlue and Delta, as well as international airlines like Lufthansa, Air France, and Air Canada. 

In selling law enforcement agencies bulk access to such sensitive information, these airlines—through their data broker—are putting their own profits over travelers' privacy. U.S. Immigration and Customs Enforcement (ICE) recently detailed its own purchase of personal data from ARC. In the current climate, this can have a detrimental impact on people’s lives. 

Movement unrestricted by governments is a hallmark of a free society. In our current moment, when the federal government is threatening legal consequences based on people’s national, religious, and political affiliations, having air travel in and out of the United States tracked by any ARC customer is a recipe for state retribution. 

Sadly, data brokers are doing even broader harm to our privacy. Sensitive location data is harvested from smartphones and sold to cops, internet backbone data is sold to federal counterintelligence agencies, and utility databases containing phone, water, and electricity records are shared with ICE officers. 

At a time when immigration authorities are eroding fundamental freedoms through increased—and arbitrary—actions at the U.S. border, this news further exacerbates concerns that creeping authoritarianism can be fueled by the extraction of our most personal data—all without our knowledge or consent.

The new revelations about ARC’s data sales to CBP and ICE is a fresh reminder of the need for “privacy first” legislation that imposes consent and minimization limits on corporate processing of our data. We also need to pass the “Fourth Amendment is not for sale” act to stop police from bypassing judicial review of their data seizures by means of purchasing data from brokers. And let’s enforce data broker registration laws. 

Paige Collings

Electronic Frontier Foundation to Present Annual EFF Awards to Just Futures Law, Erie Meyer, and Software Freedom Law Center, India

EFF update
1 month ago
2025 Awards Will Be Presented in a Live Ceremony Wednesday, Sept. 10 in San Francisco

SAN FRANCISCO—The Electronic Frontier Foundation (EFF) is honored to announce that Just Futures Law, Erie Meyer, and Software Freedom Law Center, India will receive the 2025 EFF Awards for their vital work in ensuring that technology supports privacy, freedom, justice, and innovation for all people.  

The EFF Awards recognize specific and substantial technical, social, economic, or cultural contributions in diverse fields including journalism, art, digital access, legislation, tech development, and law.  

 The EFF Awards ceremony will start at 6 p.m. PT on Wednesday, Sept. 10, 2025 at the San Francisco Design Center Galleria, 101 Henry Adams St. in San Francisco. Guests can register at http://www.eff.org/effawards. The ceremony will be recorded and shared online on Sept. 12. 

For the past 30 years, the EFF Awards—previously known as the Pioneer Awards—have recognized and honored key leaders in the fight for freedom and innovation online. Started when the internet was new, the Awards now reflect the fact that the online world has become both a necessity in modern life and a continually evolving set of tools for communication, organizing, creativity, and increasing human potential. 

“Whether fighting the technological abuses that abet criminalization, detention, and deportation of immigrants and people of color, or working and speaking out fearlessly to protect Americans’ data privacy, or standing up for digital rights in the world’s most populous country, all of our 2025 Awards winners contribute to creating a brighter tech future for humankind,”  EFF Executive Director Cindy Cohn said. “We hope that this recognition will bring even more support for each of these vital efforts.” 

Just Futures Law: Leading Immigration and Surveillance Litigation 

jfl_icon_medium.png Just Futures Law is a women-of-color-led law project that recognizes how surveillance disproportionately impacts immigrants and people of color in the United States.  It uses litigation to fight back as part of defending and building the power of immigrant rights and criminal justice activists, organizers, and community groups to prevent criminalization, detention, and deportation of immigrants and people of color. Just Futures was founded in 2019 using a movement lawyering and racial justice framework and seeks to transform how litigation and legal support serves communities and builds movement power.  

In the past year, Just Futures sued the Department of Homeland Security and its subagencies seeking a court order to compel the agencies to release records on their use of AI and other algorithms, and sued the Trump Administration for prematurely halting Haiti’s Temporary Protected Status, a humanitarian program that allows hundreds of thousands of Haitians to temporarily remain and work in the United States due to Haiti’s current conditions of extraordinary crises. It has represented activists in their fight against tech giants like Clearview AI, it has worked with Mijente to launch the TakeBackTech fellowship to train new advocates on grassroots-directed research, and it has worked with Grassroots Leadership to fight for the release of detained individuals under Operation Lone Star. 

Erie Meyer: Protecting Americans' Privacy 

eriemeyer.png Erie Meyer is a Senior Fellow at the Vanderbilt Policy Accelerator where she focuses on the intersection of technology, artificial intelligence, and regulation, and a Senior Fellow at the Georgetown Law Institute for Technology Law & Policy. She is former Chief Technologist at both the Consumer Financial Protection Bureau (CFPB) and the Federal Trade Commission. Earlier, she was senior advisor to the U.S. Chief Technology Officer at the White House, where she co-founded the United States Digital Service, a team of technologists and designers working to improve digital services for the public. Meyer also worked as senior director at Code for America, a nonprofit that promotes civic hacking to modernize government services, and in the Ohio Attorney General's office at the height of the financial crisis. 

Since January 20, Meyer has helped organize former government technologists to stand up for the privacy and integrity of governmental systems that hold Americans’ data. In addition to organizing others, she filed a declaration in federal court in February warning that 12 years of critical records could be irretrievably lost in the CFPB’s purge by the Trump Administration’s Department of Government Efficiency. In April, she filed a declaration in another case warning about using private-sector AI on government information. That same month, she testified to the House Oversight Subcommittee on Cybersecurity, Information Technology, and Government Innovation that DOGE is centralizing access to some of the most sensitive data the government holds—Social Security records, disability claims, even data tied to national security—without a clear plan or proper oversight, warning that “DOGE is burning the house down and calling it a renovation.” 

Software Freedom Law Center, India: Defending Digital Freedoms 

sflc_logo.png Software Freedom Law Center, India is a donor-supported legal services organization based in India that brings together lawyers, policy analysts, students, and technologists to protect freedom in the digital world. It promotes innovation and open access to knowledge by helping developers make great free and open-source software, protects privacy and civil liberties for Indians by educating and providing free legal advice, and helps policymakers make informed and just decisions about use of technology. 

Founded in 2010 by technology lawyer and online civil liberties activist Mishi Choudhary, SFLC.IN tracks and participates in litigation, AI regulations, and free speech issues that are defining Indian technology. It also tracks internet shutdowns and censorship incidents across India, provides digital security training, and has launched the Digital Defenders Network, a pan-Indian network of lawyers committed to protecting digital rights. It has conducted landmark litigation cases, petitioned the government of India on freedom of expression and internet issues, and campaigned for WhatsApp and Facebook to fix a feature of their platform that has been used to harass women in India. 

To register for this event:  http://www.eff.org/effawards 

For past honorees: https://www.eff.org/awards/past-winners 

Josh Richman

【リレー時評】ベトナム戦争「終結５０年」訪問記＝中村 梧郎（JCJ代表委員）

日本ジャーナリストクラブ（JCJ）
1 month ago
　ベトナム戦争が終わ って半世紀が過ぎた。１９７５年４月30日、 サイゴンが陥落、アメリ カは完全な敗北を喫した。　米軍の侵略は１９５ ４年に始まった。その間 南ベトナムの人々は連日 の殺戮におびえ、北は無 差別爆撃で焦土と化した。 死者は北で３６０万人、 南で１００数十万人とさ れる。　戦勝と南北統一を記念 して、ベトナム外務省新 聞局は戦時中にベトナム を取材したジャーナリス トらをこの４月ホーチミ ン市に招待した。戦場か らの事実報道が米国と世 界を揺るがし、ベトナム ..
ＪＣＪ