The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has canceled a contract that provided access to geolocation data of Americans through ad-tech surveillance technologies. The decision follows scrutiny from lawmakers regarding the agency’s procurement and potential use of such data for investigative purposes.
ATF Director Robert Cekada disclosed the agency’s purchase of this geolocation data in a congressional hearing, stating it was part of a pilot project. Cekada indicated the agency had not yet established policies for its use in criminal investigations.
ATF Cancels Ad-Tech Surveillance Contract
An ATF spokesperson confirmed the contract’s termination, describing it as a limited pilot of capabilities the agency no longer intends to pursue. The agency emphasized its continuous evaluation of tools to enhance investigations and reduce violent crime.
“We did conduct a pilot with Webloc to determine if it could improve our investigative capabilities,” the spokesperson stated in an email. “After completing our review, we determined the tool does not meet our needs and cancelled the contract. ATF is not currently using any other ad-tech-sourced services.”
Background on Geolocation Data Purchases
Senator Ron Wyden, D-Ore., reported receiving a briefing from the ATF on June 12, during which Director Cekada identified Penlink’s Webloc commercial location surveillance tool as the contract in question. Wyden’s office stated that the ATF had conducted over 340 searches using the system, with more than 222 directly linked to active case numbers.
Penlink’s website describes its platform as an open-source intelligence analysis tool that offers real-time data collection and digital evidence analysis, utilizing AI to improve case resolution. The company also highlights its ability to resolve identities by connecting disparate data points to individuals or groups.
Senator Wyden, who has previously led efforts to investigate the government’s purchase of commercial location data, characterized the ATF’s decision to cancel the contract as the correct action. However, he reiterated his call for Congress to enact legislation addressing the broader practice across federal agencies.
“Canceling this contract is a victory for Americans’ constitutional rights, but Americans’ privacy shouldn’t depend on ad hoc congressional interventions,” Wyden said in a statement. “Congress must pass the Government Surveillance Reform Act to close the data broker loophole once and for all.”
Wyden’s office noted that the sale of sensitive location data to government entities and contractors is considered a deceptive practice by the Federal Trade Commission and is illegal in some states.
Concerns Over Ad-Tech Surveillance
The use of ad-tech for surveillance and geolocation is a growing concern for privacy advocates. While commonly employed by marketing firms for targeted advertising, these tools can also be misused to identify or locate individuals, or combined with other data to reveal sensitive information.
In one instance mentioned by Wyden’s office, the Webloc tool was used to obtain location data for devices associated with a defense contractor during a suspected arson incident. However, the ATF reportedly withdrew its use in court after prosecutors and judges expressed reservations about employing warrantless ad-tech data.
The ATF ultimately pursued a court order for bulk cell phone tower data instead of the ad-tech sourced information. The cancellation of the Penlink contract suggests a pause in the agency’s pursuit of such ad-tech surveillance capabilities, though the broader implications for data privacy and government surveillance practices remain under debate.