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[討論] Why do federal agencies monitor social media?

[討論] Why do federal agencies monitor social media?

Publicly available information shows that federal agencies use social media for four main — and some times over lapping — purposes. The examples below are illustrative and do not capture the full spectrum of social media surveil lance by federal agencies.

Invest igations: Law enforce ment agencies, such as the FBI and some components of DHS, use social media monitoring to assist with criminal and civil investigations. Some of these investigations may not even require a show ing of criminal activity. For example, FBI agents can open an “assess ment” simply on the basis of an “authorized purpose, ” such as preventing crime or terrorism, and without a factual basis. During assess ments, FBI agents can carry out searches of publicly available online information. Subsequent investig ative stages, which require some factual basis, open the door for more invasive surveil lance tactics, such as the monitoring and record ing of chats, direct messages, and other private online communications in real time.

At DHS, Home land Security Invest ig a tions (HSI) — which is part of Immigration and Customs Enforcement (ICE) — is the Department's “prin cipal invest ig at ive arm.” HSI asserts in its train ing mater i als that it has the author ity to enforce any federal law, and relies on social media when conduct ing invest ig a tions on matters ranging from civil immigration viol a tions to terror ism. ICE agents can look at publicly avail able social media content for purposes ranging from find ing fugit ives to gath er ing evid ence in support of invest ig a tions to prob ing “poten tial crim inal activity,” a “threat detection” function discussed below. Agents can also oper ate under cover online and monitor private online commu nic a tions, but the circum stances under which they are permit ted to do so are not publicly known.

Monit or ing to detect threats: Even without opening ingan assess ment or other investigation, FBI agents can monitor public social media postings. DHS components from ICE to its intelligence arm, the Office of Intelligence & Analysis, also monitor social media — including specific individuals — with the goal of identifiing poten tial threats of viol ence or terror ism. In addition, the FBI and DHS both engaged private companies to conduct online monit or ing of this type on their behalf. One firm, for example, was awarded a contract with the FBI in Decem ber 2020 to scour social media to proactively identify “national security and public safety-related events” — including various unspe cified threats, as well as crimes — which have not yet been reported to law enforce ment .

Situational awareness: Social media may provide an “ear to the ground” to help the federal government coordin ate a response to break ing events. For example, a range of DHS components — from Customs and Border Protection (CBP) to the National Operations Center (NOC) to the Federal Emergency Management Agency (FEMA) — monitor the internet, including by keep ing tabs on a broad list of websites and keywords being discussed on social media plat forms and tracking information from sources like news services and local govern ment agen cies. Privacy impact assessment ments suggest there are few limits on the content that can be reviewed — for instance, the PIAs list a sweeping range of keywords that are monitored (ranging, for example, from “attack,” “public health,” and “power outage,” to “jihad”). The purposes of such monit or ing include help ing keep the public, private sector, and govern mental part ners informed about devel op ments during a crisis such as a natural disa ster or terro r ist attack; identifi ing people need ing help during an emer agency; and know ing about “threats or dangers” to DHS facil it ies.

“Situational awareness” and “threat detection” over lap because they both involve broad monit or ing of social media, but situational awareness has a wider focus and is gener ally not inten ded to monitor or pree mpt ively identify specific people who are thought to pose a threat.

Immigration and travel screen ing: Social media is used to screen and vet trav el ers and immig rants coming into the United States and even to monitor them while they live here. People apply ing for a range of immig ration bene fits also undergo social media checks to verify inform a tion in their applic a tion and determine whether they pose a security risk.
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