For many years, data brokers have existed in the shadows, exploiting gaps in privacy laws to harvest our information—all for their own profit. They sell our precise movements without our knowledge or meaningful consent to a variety of private and state actors, including law enforcement agencies. And they show no sign of stopping.

This incentivizes other bad actors. If companies collect any kind of personal data and want to make a quick buck, there’s a data broker willing to buy it and sell it to the highest bidder–often law enforcement and intelligence agencies.

One recent investigation by 404 Media revealed that the Airlines Reporting Corporation (ARC), a data broker owned and operated by at least eight major U.S. airlines, including United Airlines and American Airlines, collected travelers’ domestic flight records and secretly sold access to U.S. Customs and Border Protection (CBP). Despite selling passengers’ names, full flight itineraries, and financial details, the data broker prevented U.S. border forces from revealing it as the origin of the information. So, not only is the government doing an end run around the Fourth Amendment to get information where they would otherwise need a warrant—they’ve also been trying to hide how they know these things about us. 

ARC’s Travel Intelligence Program (TIP) aggregates passenger data and contains more than one billion records spanning 39 months of past and future travel by both U.S. and non-U.S. citizens. CBP, which sits within the U.S. Department of Homeland Security (DHS), claims it needs this data to support local and state police keeping track of people of interest. But at a time of growing concerns about increased immigration enforcement at U.S. ports of entry, including unjustified searches, law enforcement officials will use this additional surveillance tool to expand the web of suspicion to even larger numbers of innocent travelers. 

More than 200 airlines settle tickets through ARC, with information on more than 54% of flights taken globally. ARC’s board of directors includes representatives from U.S. airlines like JetBlue and Delta, as well as international airlines like Lufthansa, Air France, and Air Canada. 

In selling law enforcement agencies bulk access to such sensitive information, these airlines—through their data broker—are putting their own profits over travelers' privacy. U.S. Immigration and Customs Enforcement (ICE) recently detailed its own purchase of personal data from ARC. In the current climate, this can have a detrimental impact on people’s lives. 

Movement unrestricted by governments is a hallmark of a free society. In our current moment, when the federal government is threatening legal consequences based on people’s national, religious, and political affiliations, having air travel in and out of the United States tracked by any ARC customer is a recipe for state retribution. 

Sadly, data brokers are doing even broader harm to our privacy. Sensitive location data is harvested from smartphones and sold to cops, internet backbone data is sold to federal counterintelligence agencies, and utility databases containing phone, water, and electricity records are shared with ICE officers. 

At a time when immigration authorities are eroding fundamental freedoms through increased—and arbitrary—actions at the U.S. border, this news further exacerbates concerns that creeping authoritarianism can be fueled by the extraction of our most personal data—all without our knowledge or consent.

The new revelations about ARC’s data sales to CBP and ICE is a fresh reminder of the need for “privacy first” legislation that imposes consent and minimization limits on corporate processing of our data. We also need to pass the “Fourth Amendment is not for sale” act to stop police from bypassing judicial review of their data seizures by means of purchasing data from brokers. And let’s enforce data broker registration laws.