Pubdate: Wed, 28 Jan 2015 Source: Wall Street Journal (US) Copyright: 2015 Dow Jones & Company, Inc. Contact: http://www.wsj.com/ Details: http://www.mapinc.org/media/487 Author: Devlin Barrett FEDERAL AGENCY WEIGHED SPYING ON CARS AT GUN SHOWS Proposal Within DEA in 2009 Was Never Carried Out, Justice Department Officials Say WASHINGTON - A federal agent proposed using license-plate readers to scan vehicles around gun shows in order to aid gun-trafficking investigations, according to an internal Justice Department email. Justice Department officials said Tuesday that the 2009 proposal was rejected by superiors and never implemented. The email was part of a series of Drug Enforcement Administration documents describing how the agency is building a national database tracking the movements of vehicles in the U.S. The documents were obtained by the American Civil Liberties Union through a Freedom of Information Act request and reviewed by The Wall Street Journal. "The proposal in the email was only a suggestion. It was never authorized by DEA, and the idea under discussion in the email was never launched," according to DEA administrator Michele Leonhart. National Rifle Association spokesman Andrew Arulanandam said the NRA is "looking into this to see if gun owners were improperly targeted, and has no further comment until we have all the facts." The proposal shows the challenges and risks facing the U.S. as it looks to new, potentially intrusive surveillance technology to help stop criminals. Many of the government's recent efforts have scooped up data from innocent Americans, as well as those suspected of crimes, creating records that lawmakers and others say raise privacy concerns. The Journal reported Monday that the DEA, an arm of the Justice Department, has been quietly building a database to monitor and store data about vehicles on major highways. Internal documents show the primary goal of the database is asset forfeiture, a controversial practice of seizing motorists' possessions if police officers suspect they are criminal proceeds. Sometimes, those seizures take place without evidence of criminal wrongdoing. Many state and local law-enforcement agencies are accessing the database for a variety of investigations, according to people familiar with the program, putting a wealth of information in the hands of local officials who can track vehicles in real time on major roadways. Justice Department officials have defended the license-plate database program as legal and effective in interdicting drugs, finding missing children and catching violent criminals. Privately, many law-enforcement officials argue that there are numerous such databases in private hands, and if private companies can use them to collect debts or repossess cars, the government should be able to use them to catch criminals. The 2009 email is heavily redacted so as not to disclose the sender, recipient or much of the text beyond a single sentence: "DEA Phoenix Division office is working closely with [the Bureau of Alcohol, Tobacco, Firearms, and Explosives] on attacking the guns going to [redacted] and the guns shows, to include programs/operation with [license-plate readers] at the gun shows." Justice Department officials said the ATF never engaged in the suggested surveillance of gun-show attendees. The 2009 email was written around the time the ATF was conducting an ill-fated and poorly managed gun-trafficking investigation in Phoenix called Fast and Furious. Agents allowed sales of about 2,000 guns, mostly variants of AK-47 rifles, to suspected smugglers. The aim was to prosecute top traffickers, but many of the firearms have turned up at crime scenes in Mexico and the U.S., and hundreds more are unaccounted for. The program ended up badly embarrassing the agency and led to a long-running fight between House Republicans and Attorney General Eric Holder . The disclosure of the DEA's license-plate-reader database comes at a time of heightened concern about government surveillance of innocent Americans. In November, The Wall Street Journal reported that the U.S. Marshals Service flies planes carrying devices that mimic cellphone towers in order to scan the identifying information of Americans' phones as it searches for criminal suspects and fugitives. Justice Department officials have said the program is legal. Earlier this month, the DEA filed court documents indicating that for more than a decade, it had gathered the phone records of Americans calling foreign countries, without judicial oversight, to sift through that data looking for drug suspects. That program was canceled in 2013. The ACLU's Jay Stanley said he was glad to hear DEA officials nixed the program, but noted "there is unfortunately a long history of Americans being subject to surveillance because of their political or associational activities, and we see that to this day. When you combine that history with a powerful surveillance technology like license plate scanners, it raises significant concerns. - --- MAP posted-by: Jay Bergstrom