Second, the targets are suspected of trafficking in counterfeit drugs, which makes them as good as guilty in the general public’s mind. First, the targets are foreigners, which diminishes (but doesn’t completely remove) constitutional protections. Such surveillance is done using a technology known as a pen register and under the 1986 Pen Register Act, and doesn’t seek any message content, which WhatsApp couldn’t provide anyway, as it is end-to-end encrypted. The application reveals the DEA didn’t know the identities of any of the targets, but told WhatsApp to monitor the IP addresses and numbers with which the targeted users were communicating, as well as when and how they were using the app. In Ohio, a just-unsealed government surveillance application reveals that in November 2021, DEA investigators demanded the Facebook-owned messaging company track seven users based in China and Macau. Thomas Brewster reports for Forbes that the Drug Enforcement Agency (DEA) is taking advantage of a nearly 40-year-old law to obtain information about WhatsApp users.
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