Under Bipartisan Pressure, ATF Cancels Contract for Warrantless Mobile Phone Surveillance Tool

The Bureau of Alcohol, Tobacco, Firearms and Explosives canceled its contract for a surveillance tool that enables warrantless tracking of mobile devices after lawmakers, a prosecutor and a judge raised concerns about the legality of the tool in criminal investigations.

ATF, the federal agency responsible for enforcing the nation’s gun laws, told The Associated Press that it discontinued what it called a “pilot” program using a tool called Webloc after Rep. Michael Cloud, a Republican from Texas, and Sen. Ron Wyden, a Democrat from Oregon, expressed reservations about the agency’s use of bulk commercial location data.

Webloc, which is made by a vendor called Penlink, sources data from consumer apps and advertising networks, which collect the location of mobile devices from consumers who download apps or browse the web. Such data is sometimes called “ad tech” and has been controversial in criminal law enforcement as it allows agencies to bypass warrant requirements to identify the mobile devices present in certain areas at specific times.

The U.S. Supreme Court ruled in 2018 that police needed a warrant to obtain historic movement data from cellphone companies on a criminal suspect. But it has never addressed the growing practice of commercially acquired data.

ATF said in a statement that it determined that the tool “does not meet our needs.” The agency said it is not using any other ad-tech-sourced services.

“ATF continually evaluates tools and techniques to enhance our investigations and ultimately reduce violent crime in American communities. We did conduct a pilot with Webloc to determine if it could improve our investigative capabilities,” an ATF spokesperson said in an email.

Wyden called ATF’s decision to abandon the software “a victory for Americans’ constitutional rights.”