A data broker owned by the country’s major airlines, including Delta, American Airlines, and United, collected US travelers’ 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 US 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.
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 US fliers’ 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 US domestic air travel ticketing information.” 404 Media obtained the documents through a Freedom of Information Act (FOIA) request.
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 US 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 that 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. “If 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 that the data impacts both US and non-US persons, meaning it does include information on US 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.
Source: Wired
