CBP is a federal agency under the Department of Homeland Security (DHS). CBP submitted the document, termed a Privacy Threshold Analysis (PTA), to DHS to “continue to pilot the use of Babel Street’s Babel X platform.”
Screening for ‘Derogatory’ Info
The PTA describes Babel X as a multilingual tool that gathers publicly available information, including social media activity. Designed for use by the intelligence community and law enforcement, the sophisticated tool allows CBP to screen travelers, including U.S. citizens, refugees, and people seeking asylum.Babel X is “geo-enabled,” analyzes texts, and can monitor web activity on the public, “dark,” and “deep” webs. The dark web is a portion of the internet that is not indexed by search engines and functions on a different software infrastructure. It is often used for organized criminal activity.
The Babel X platform can search for keywords or phrases on more than 52 social media websites, in millions of web addresses, and in 200 languages, allowing users to enter English terms and return foreign language results.
CBP says it uses the tool to detect information that is “derogatory” or could show a threat to national security or CBP personnel.
Monitoring Large Tracts of Data in Near Real-Time
According to the CBP submission, “Babel X makes sense of large tracts of multi-lingual data in near real-time. Users identify themes, entities, and categories, as well as detect relationships, within the cloud-based platform. Babel users can explore the data through a wide range of analytical lenses to include geospatial, temporal, link analysis, public records search and topics of interest.”The use of Babel X is supposedly focused on “refugees/asylees,” the document says.
The information collected may include a person’s name, date of birth, address, email address, phone number, social media usernames, content, images, IP address, domain information, social security number (SSN), driver’s license number, employment history, and location data based on geolocation in public posts.
According to the PTA, social security numbers are not “required” to conduct queries on the platform, however, CBP may conduct social security number queries on a case-by-case basis. “CBP is not proposing to collect SSNs directly from individuals as part of this effort,” it says, but from commercially available sources, “in furtherance of its statutory law enforcement and border security responsibilities.”
While queries are stored indefinitely in the Babel X software, query results are not stored by the vendor but by CBP.
An ‘Ever-Expanding Social Media Dragnet’
Regarding the legality of all this, the document concludes by listing several “initiatives” that are legally covering Babel X’s use, such as the “DHS/CBP/PIA-058 Publicly Available Social Media Monitoring and Situation Awareness Initiative” and ESTA, the Electronic System for Travel Authorization, designed for foreigners visiting the United States.“The U.S. government’s ever-expanding social media dragnet is certain to chill people from engaging in protected speech and association online,” Carrie DeCell, senior staff attorney at the Knight First Amendment Institute, told Motherboard.
DeCell called CBP’s use of the advanced social media surveillance technology “especially concerning in connection with existing rules requiring millions of visa applicants each year to register their social media handles with the government. As we’ve argued in a related lawsuit, the government simply has no legitimate interest in collecting and retaining such sensitive information on this immense scale.”
Legal Justification: ‘Privileged’
“Homeland Security needs to come clean to the American people about how it believes it can legally purchase and use U.S. location data without any kind of court order. Americans’ privacy shouldn’t depend on whether the government uses a court order or credit card,” Sen. Ron Wyden (D-Ore.) told Motherboard in a statement.“DHS should stop violating Americans’ rights, and Congress should pass my bipartisan legislation to prohibit the government’s purchase of Americans’ data.”
CBP has told Congress that the legal justification for its warrantless tracking is privileged, reported a Motherboard article dated Oct. 23, 2020.
Eighty-four percent of U.S. national security agencies have partnered with Babel Street, the company’s website says.
The Epoch Times reached out to CBP for comment.