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A data broker owned by the country’s major airlines, including Delta, American Airlines, and United, collected U.S. travellers’ domestic flight records, sold access to them to Customs and Border Protection (CBP), and then as part of the contract told CBP to not reveal where the data came from, according to internal CBP documents obtained by 404 Media. The data includes passenger names, their full flight itineraries, and financial details.
CBP, a part of the Department of Homeland Security (DHS), says it needs this data to support state and local police to track people of interest’s air travel across the country, in a purchase that has alarmed civil liberties experts.
The documents reveal for the first time in detail why at least one part of DHS purchased such information, and comes after Immigration and Customs Enforcement (ICE) detailed its own purchase of the data. The documents also show for the first time that the data broker, called the Airlines Reporting Corporation (ARC), tells government agencies not to mention where it sourced the flight data from.
“The big airlines—through a shady data broker that they own called ARC—are selling the government bulk access to Americans' sensitive information, revealing where they fly and the credit card they used,” Senator Ron Wyden said in a statement.
ARC is owned and operated by at least eight major U.S. airlines, other publicly released documents show. The company’s board of directors include representatives from Delta, Southwest, United, American Airlines, Alaska Airlines, JetBlue, and European airlines Lufthansa and Air France, and Canada’s Air Canada. More than 240 airlines depend on ARC for ticket settlement services.
Do you work at ARC or an agency that uses ARC data? I would love to hear from you. Using a non-work device, you can message me securely on Signal at joseph.404 or send me an email at joseph@404media.co.
ARC’s other lines of business include being the conduit between airlines and travel agencies, finding travel trends in data with other firms like Expedia, and fraud prevention, according to material on ARC’s YouTube channel and website. The sale of U.S. flyers’ travel information to the government is part of ARC’s Travel Intelligence Program (TIP).
A Statement of Work included in the newly obtained documents, which describes why an agency is buying a particular tool or capability, says CBP needs access to ARC’s TIP product “to support federal, state, and local law enforcement agencies to identify persons of interest’s U.S. domestic air travel ticketing information.” 404 Media obtained the documents through a Freedom of Information Act (FOIA) request.
A screenshot of the Statement of Work. Image: 404 Media.
The new documents obtained by 404 Media also show ARC asking CBP to “not publicly identify vendor, or its employees, individually or collectively, as the source of the Reports unless the Customer is compelled to do so by a valid court order or subpoena and gives ARC immediate notice of same.”
The Statement of Work says that TIP can show a person’s paid intent to travel and tickets purchased through travel agencies in the U.S. and its territories. The data from the Travel Intelligence Program (TIP) will provide “visibility on a subject’s or person of interest’s domestic air travel ticketing information as well as tickets acquired through travel agencies in the U.S. and its territories,” the documents say. They add this data will be “crucial” in both administrative and criminal cases.
A DHS Privacy Impact Assessment (PIA) available online says that TIP data is updated daily with the previous day’s ticket sales, and contains more than one billion records spanning 39 months of past and future travel. The document says TIP can be searched by name, credit card, or airline, but ARC contains data from ARC-accredited travel agencies, such as Expedia, and not flights booked directly with an airline. “[I]f the passenger buys a ticket directly from the airline, then the search done by ICE will not show up in an ARC report,” that PIA says. The PIA notes the data impacts both U.S. and non-U.S. persons, meaning it does include information on U.S. citizens.
“While obtaining domestic airline data—like many other transaction and purchase records—generally doesn't require a warrant, there's still supposed to go through a legal process that ensures independent oversight and limits data collection to records that will support an investigation,” Jake Laperruque, deputy director of the Center for Democracy & Technology's Security and Surveillance Project, told 404 Media in an email. “As with many other types of sensitive and revealing data, the government seems intent on using data brokers to buy their way around important guardrails and limits.”
CBP’s contract with ARC started in June 2024 and may extend to 2029, according to the documents. The CBP contract 404 Media obtained documents for was an $11,025 transaction. Last Tuesday, a public procurement database added a $6,847.50 update to that contract, which said it was exercising “Option Year 1,” meaning it was extending the contract. The documents are redacted but briefly mention CBP’s OPR, or Office of Professional Responsibility, which in part investigates corruption by CBP employees.
“CBP is committed to protecting individuals’ privacy during the execution of its mission to protect the American people, safeguard our borders, and enhance the nation’s economic prosperity. CBP follows a robust privacy policy as we protect the homeland through the air, land and maritime environments against illegal entry, illicit activity or other threats to national sovereignty and economic security,” a CBP spokesperson said in a statement. CBP added that the data is only used when an OPR investigation is open and the agency needs to locate someone related to that investigation. The agency said the data can act as a good starting point to identify a relevant flight record before then getting more information through legal processes.
On May 1, ICE published details about its own ARC data purchase. In response, on May 2, 404 Media filed FOIA requests with ICE and a range of other agencies that 404 Media found had bought ARC’s services, including CBP, the Secret Service, SEC, DEA, the Air Force, U.S. Marshals Service, TSA, and ATF. 404 Media found these by searching U.S. procurement databases. Around a week later, The Lever covered the ICE contract.
A screenshot of the Statement of Work. Image: 404 Media.
Airlines contacted by 404 Media declined to comment, didn’t respond, or deferred to either ARC or DHS instead. ARC declined to comment. The company previously told The Lever that TIP “was established after the Sept. 11 terrorist attacks to provide certain data to law enforcement… for the purpose of national security matters” and criminal investigations.
“ARC has refused to answer oversight questions from Congress, so I have already contacted the major airlines that own ARC—like Delta, American Airlines and United—to find out why they gave the green light to sell their customers' data to the government,” Wyden’s statement added.
U.S. law enforcement agencies have repeatedly turned to private companies to buy data rather than obtain it through legal processes such as search warrants or subpoenas. That includes location data harvested from smartphones, utility data, and internet backbone data.
“Overall it strikes me as yet another alarming example of how the ‘Big Data Surveillance Complex’ is becoming the digital age version of the Military-Industrial Complex,” Laperruque says, referring to the purchase of airline data.
“It's clear the Data Broker Loophole is pushing the government back towards a pernicious ‘collect it all’ mentality, gobbling up as much sensitive data as it can about all Americans by default. A decade ago the public rejected that approach, and Congress passed surveillance reform legislation that banned domestic bulk collection. Clearly it's time for Congress to step in again, and stop the Data Broker Loophole from being used to circumvent that ban,” he added.
According to ARC’s website, the company only introduced multifactor authentication on May 15.
Photo-Illustration: Intelligencer; Photos: Getty Images
