Meet the secretive surveillance wizards helping the FBI and ICE wiretap Facebook and Google users:
PenLink works closely with U.S. government agencies in tapping phones and in collecting data from interceptions of social media giants like Facebook, Google Snapchat and WhatsApp. The Lincoln, Nebraska-based company is often the first choice of law enforcement looking to keep tabs on the communications of criminal suspects.
Sometimes it takes a spy to get transparency from a surveillance company. Jack Poulson, founder of technology watchdog Tech Inquiry, went incognito at the National Sheriffs’ Association’s winter conference in Washington. He recorded a longtime PenLink employee showing off what the company could do for law enforcement and discussing the scale of its operations. Not only does the recording lift the lid on how deeply involved PenLink is in wiretapping operations across the U.S.
Jennifer Stisa Granick, surveillance and cybersecurity counsel for the American Civil Liberties Union, believes the PenLink claims show how government might be overreaching when it comes to American privacy laws. The PenLink rep said that tech companies can be ordered to provide near-live tracking of suspects free of charge. One downside is that the social-media feeds don’t come in real time, like phone taps. There’s a delay – 15 minutes in the case of Facebook and its offshoot, Instagram.
Jennifer Granick, surveillance and cybersecurity counsel at the American Civil Liberties Union, reviewed the comments made by Tuma. She raised concerns about the amount of information the government was collecting via PenLink. “The law requires police to minimize intercepted data, as well as give notice and show necessity,” she said.
Tuma described Apple’s iCloud warrants as “phenomenal.” “If you did something bad, I bet you I could find it on that backup,” he said. It was also possible, Tuma said, to look at WhatsApp messages, despite the platform’s assurances of tight security. Users who back up messages effectively remove the protection provided by the app’s end-to-end encryption. Tuma said he was working on a case in New York where he was sitting on “about a thousand recordings from WhatsApp.
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