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Journalists Sue ICE and DHS Over Data Sharing and Spyware Contracts

SlateOctober 10, 202527 min444 views
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Freedom of Information Act (FOIA) Requests

  • 💡 Joseph Cox, co-founder of 404 Media, estimates filing at least five FOIA requests per week over his 10-year journalism career.
  • 🎯 FOIA allows any person to request public records from the US government, though agencies are often slow to respond, frequently extending deadlines for months or years.
  • 🔑 Success with FOIA requests varies, with some requests to agencies like the FBI still pending from 2019.

Lawsuit Against DHS and CMS

  • 🚀 404 Media is suing the Department of Homeland Security (DHS) and the Centers for Medicare and Medicaid Services (CMS) over a data-sharing agreement.
  • 📌 This agreement reportedly allows ICE to access personal data, including home addresses and ethnicities, of approximately 80 million Medicaid patients.
  • ⚠️ The concern is that this data sharing, which hasn't happened traditionally, could deter vulnerable individuals from seeking necessary medical attention or paying taxes due to fear of deportation.
  • 🔍 The lawsuit seeks to make this agreement public, allowing the public to understand how their data is being shared for purposes beyond its original intent.

Lawsuit Against ICE and Paragon

  • 🧩 Another lawsuit targets ICE for its $2 million contract with Paragon, a company known for powerful spyware capable of remotely breaking into mobile phones.
  • ⚡ Paragon's tools, including zero-day exploits, can access encrypted messages without user interaction, raising concerns about potential abuse by governments.
  • ⚠️ Despite a White House executive order aimed at curtailing the abuse of such technology, ICE reactivated its contract with Paragon, prompting the lawsuit.
  • ❓ The lawsuit aims to uncover why ICE purchased this technology, what specific capabilities it has, and how it plans to deploy it, as details are largely unknown.

Data Sharing and Government Transparency

  • 📊 The use of high-tech tools and data sharing by agencies like ICE is often opaque, unlike criminal cases that require warrants and affidavits.
  • 🗣️ This lack of transparency makes it difficult for journalists and the public to understand how government actions, particularly in immigration enforcement, are conducted.
  • ⚖️ Lawsuits are seen as a crucial part of the American system, allowing for judicial review of agency actions and promoting public accountability, though the process can be slow.
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What’s Discussed

Freedom of Information ActFOIAImmigration and Customs EnforcementICEDepartment of Homeland SecurityDHSCenters for Medicare and Medicaid ServicesCMSData SharingSpywareParagon404 MediaJoseph CoxMedicaidPublic RecordsLawsuit
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