We Sued ICE to Get Its Spyware Contract. The Agency Is Redacting Essentially Everything

404 Media: “Immigration and Customs Enforcement (ICE) contracted with a spyware company that tells customers it ensures they can use the tool without the agency being caught doing so, according to documents obtained by 404 Media through our ongoing lawsuit against ICE. In September, we sued ICE for documents related to its $2 million contract with Paragon, a company that makes powerful spyware for remotely hacking phones and accessing encrypted messaging apps. In response to the lawsuit we’ve now been given the first batch of documents by ICE, but have many more to go. The vast majority of the documents it has provided so far are heavily redacted, and it is still withholding information in the public interest that would more fully explain why the agency wanted to buy such a potent and controversial surveillance tool. “404 Media has asked ICE to disclose agency records relating to its contract with a company known for its powerful spyware tool whose potential use in the agency’s ongoing mass-deportation campaign has prompted lawmakers, civil liberties organizations, and immigration groups to express deep concerns over potential civil rights abuses,” our original complaint said. Paragon makes a spyware system called Graphite that is capable of remotely hacking mobile phones and obtaining messages from apps such as Signal, WhatsApp, and Facebook Messenger. 404 Media first filed a Freedom of Information Act (FOIA) request in October 2024 for documents related to Homeland Security Investigation’s (HSI) Paragon purchase. HSI is a part of ICE. Under the law, agencies are required to provide a response within 20 days, or provide an explanation of why they require an extension. At the time, ICE did not respond to any of our follow up inquiries, so we filed the lawsuit the following September. On Tuesday in a first interim release letter, ICE said it had found 673 potentially responsive pages of records in response to our FOIA request. The same day, ICE provided 77 of those pages, but it still owes us more…”

Posted in: Censorship, Civil Liberties, Cybercrime, Freedom of Information, Government Documents, Knowledge Management, Legal Research