The Texas Department of Public Safety (DPS) has recently signed a controversial surveillance technology contract worth nearly $5.3 million with tech firm PenLink. The contract, which spans five years, is for the acquisition of Tangles, an artificial intelligence-powered web platform that scrapes information from the open, deep, and dark web.
Tangles’ premier add-on feature, WebLoc, has raised concerns among digital privacy advocates. This feature allows users to track the movements of mobile devices within a specific virtual area, known as geofencing, without the need for a search warrant or subpoena. The software relies on location pings and personal data obtained from smartphones, which are then purchased from data brokers by surveillance tech companies.
Critics argue that the use of such data, originally collected for specific purposes like navigation or dating apps, for unrelated reasons is a significant invasion of privacy. The ability to access a device’s mobile ad ID, which can be used to identify the owner when combined with other data points, raises further concerns about the de-anonymization of supposedly anonymous information.
While the U.S. Supreme Court ruled in 2018 that police must obtain a warrant to access cell phone location data from service providers, the sale of mobile device data to third-party brokers and surveillance tech firms remains a legal gray area. Privacy advocates argue that the privacy implications of using location data obtained from apps can be just as invasive, if not more so, than data obtained from service providers.
Tangles is a product offered by cybersecurity company Cobwebs Technologies, which was acquired by PenLink Ltd. in 2023. Cobwebs Technologies has faced criticism for its involvement in the online surveillance-for-hire ecosystem, with Meta removing 200 accounts operated by Cobwebs and its customers as part of its sanctions.
The DPS’ Intelligence and Counterterrorism division has been using Tangles since 2021, initially as part of Governor Greg Abbott’s Operation Lone Star border crackdown. The agency’s acquisition plan states that the tool is used to identify and disrupt potential domestic terrorism and mass casualty threats. However, it remains unclear how Tangles has been utilized or if it has contributed to preventing any potential mass shootings.
The use of Tangles has extended beyond the DPS, with several local Texas law enforcement agencies also purchasing the software. Cobwebs’ products have been used by various government agencies worldwide, including police in El Salvador and Mexico.
The sale of massive amounts of cell phone location data to surveillance tech firms raises concerns about privacy, cost, and the effectiveness of these services in investigations. Legal frameworks surrounding this practice are still evolving, and there is a need for further regulation to protect individuals’ privacy rights.
In response to inquiries, a PenLink spokesperson stated that their open-source intelligence (OSINT) solutions operate within the boundaries of the law and adhere to strict standards and regulations. However, questions regarding specific details were left unanswered.