ICE Utilizes Advanced Spyware to Combat Fentanyl Trafficking
Immigration and Customs Enforcement (ICE) has confirmed its use of sophisticated spyware capable of intercepting encrypted messages, aiming to disrupt fentanyl trafficking networks. This revelation comes from a letter by Todd Lyons, ICE’s acting director, which NPR reviewed.
According to Lyons, ICE’s Homeland Security Investigations (HSI) employs diverse tools to dismantle foreign terrorist organizations, particularly those linked to fentanyl trafficking. This acknowledgment marks the first time ICE has publicly confirmed using the spyware known as Graphite, developed by Israeli firm Paragon Solutions.
The agency initially contracted Paragon Solutions for $2 million for unspecified software at the end of the Biden administration. However, the contract was paused and later revived by the Trump administration last fall. Lyons described the move as a response to the “unprecedented lethality of fentanyl” and the misuse of digital platforms by transnational criminal organizations.
Graphite employs “zero click” technology, enabling access to encrypted messages on targeted devices without user interaction. The technology has drawn scrutiny, particularly after WhatsApp disclosed its use against journalists and civil society members across various countries. Additionally, The Citizen Lab identified specific targets in Italy whose devices were compromised through WhatsApp.
Surveillance Expansion Raises Concerns
ICE’s increased reliance on surveillance tools, including Graphite, aligns with the Trump administration’s mass deportation efforts. These technologies have also been reportedly utilized against American citizens protesting ICE’s actions. The timing of this disclosure is critical, as Congress is poised to debate the reauthorization of a surveillance law and the purchase of data about Americans from commercial brokers.
Rep. Summer Lee, D-Pa., expressed dissatisfaction with Lyon’s response to her inquiries about ICE’s spyware usage. “The response I received from ICE makes one thing clear. They are moving forward with invasive spyware technology inside the United States,” Lee stated, emphasizing the need for transparency and accountability.
Lyons assured that any use of the tool would “comply with constitutional requirements” and be coordinated with ICE’s legal advisors. Nevertheless, concerns persist among civil liberties advocates about potential misuse of the spyware beyond its intended targets.
The Paragon Solutions contract faced scrutiny for compliance with a 2023 executive order under then-President Joe Biden, banning commercial spyware posing national security risks. Lyons certified the tool’s use did not present significant security or misuse risks.
Privacy and National Security Implications
Paragon Solutions was acquired by AE Industrial Partners, merging with REDLattice. Both companies did not respond to NPR’s queries.
Civil liberties groups warn of potential abuse. Cooper Quintin from the Electronic Frontier Foundation stressed the need for judicial oversight. “An extremely invasive surveillance capability such as this should require the strongest judicial oversight,” Quintin stated.
Maria Villegas Bravo from the Electronic Privacy Information Center highlighted the lack of regulations to prevent potential governmental abuse. “This is a grave national security risk because it weakens American critical infrastructure,” she warned.
A Department of Homeland Security official emphasized ICE’s law enforcement role and its use of technology to apprehend criminals while respecting civil liberties. However, concerns about bolstering the market for invasive surveillance technologies remain.
This article was originally written by www.npr.org
