The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has canceled its contract for a surveillance tool that enabled warrantless tracking of mobile devices. The agency stated that the tool, known as Webloc, did not meet its needs, marking the end of a pilot program that had drawn criticism from lawmakers, a prosecutor, and a judge regarding its legality in criminal investigations.
Webloc, developed by the vendor Penlink, sources data from consumer apps and advertising networks. This type of data, often referred to as "ad tech," allows law enforcement agencies to identify mobile devices present in specific areas at particular times without requiring a warrant. The U.S. Supreme Court ruled in 2018 that warrants are necessary to obtain historic movement data from cellphone companies for criminal suspects, but the court has not yet addressed the use of commercially acquired data.
ATF officials indicated that the agency is not utilizing any other ad-tech-sourced services. "ATF continually evaluates tools and techniques to enhance our investigations and ultimately reduce violent crime in American communities," an ATF spokesperson said in an email. "We did conduct a pilot with Webloc to determine if it could improve our investigative capabilities."
Rep. Michael Cloud, a Republican from Texas, and Sen. Ron Wyden, a Democrat from Oregon, had raised reservations about the ATF's use of bulk commercial location data. Following these concerns, Wyden stated that the ATF's decision to abandon the software is "a victory for Americans’ constitutional rights." He added, "For years, I have warned that the government’s purchase of Americans’ location data from shady data brokers is an unacceptable end-run around the Fourth Amendment."
During a congressional hearing in May, ATF Director Robert Cekada acknowledged the agency's practice of buying geolocation data on American cell phones. After the hearing, Wyden and Cloud's offices were briefed by the ATF, revealing that the agency had conducted over 300 warrantless searches using Webloc, with more than 200 linked to active cases. In one instance involving a suspected arson at a defense contractor's facility, a prosecutor and a judge expressed concerns about the Webloc data, leading the ATF to seek a traditional court order for bulk cellphone tower data from carriers instead.
Webloc was initially created by the Israeli company Cobwebs before its acquisition and merger with the U.S. company Penlink. Penlink stated it is "proud to have a long-standing relationship with ATF that has enabled us to support its mission to protect America’s communities from violent crime involving the illegal use of firearms, explosives and arson."
Other federal agencies, including the FBI and the Department of Homeland Security (DHS), continue to purchase commercial geolocation data. DHS issued a request for information in January regarding the use of commercially available advertising data for deportation and law enforcement missions. Earlier this year, FBI Director Kash Patel affirmed that the bureau purchases commercially available information consistent with the Constitution and federal law, citing its value in obtaining intelligence.
A bipartisan group of lawmakers, including Sens. Wyden and Mike Lee, and Reps. Cloud, Warren Davidson, and Zoe Lofgren, have introduced legislation that would prohibit the practice of purchasing such data without a judicial order.