82_FR_20929 82 FR 20844 - Privacy Act of 1974: Implementation of Exemptions; Department of Homeland Security/U.S. Immigration and Customs Enforcement-016 FALCON Search and Analysis System of Records

82 FR 20844 - Privacy Act of 1974: Implementation of Exemptions; Department of Homeland Security/U.S. Immigration and Customs Enforcement-016 FALCON Search and Analysis System of Records

DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary

Federal Register Volume 82, Issue 85 (May 4, 2017)

Page Range20844-20846
FR Document2017-09026

The Department of Homeland Security is giving concurrent notice of a newly established system of records pursuant to the Privacy Act of 1974 for the ``Department of Homeland Security/U.S. Immigration and Customs Enforcement-016 FALCON Search and Analysis System of Records'' and this proposed rulemaking. In this proposed rulemaking, the Department proposes to exempt portions of the system of records from one or more provisions of the Privacy Act because of criminal, civil, and administrative enforcement requirements.

Federal Register, Volume 82 Issue 85 (Thursday, May 4, 2017)
[Federal Register Volume 82, Number 85 (Thursday, May 4, 2017)]
[Proposed Rules]
[Pages 20844-20846]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-09026]


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================


Federal Register / Vol. 82, No. 85 / Thursday, May 4, 2017 / Proposed 
Rules

[[Page 20844]]



DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

6 CFR Part 5

[Docket No. DHS-2017-0002]


Privacy Act of 1974: Implementation of Exemptions; Department of 
Homeland Security/U.S. Immigration and Customs Enforcement-016 FALCON 
Search and Analysis System of Records

AGENCY: Privacy Office, Department of Homeland Security (DHS).

ACTION:  Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY:  The Department of Homeland Security is giving concurrent 
notice of a newly established system of records pursuant to the Privacy 
Act of 1974 for the ``Department of Homeland Security/U.S. Immigration 
and Customs Enforcement-016 FALCON Search and Analysis System of 
Records'' and this proposed rulemaking. In this proposed rulemaking, 
the Department proposes to exempt portions of the system of records 
from one or more provisions of the Privacy Act because of criminal, 
civil, and administrative enforcement requirements.

DATES:  Comments must be received on or before June 5, 2017.

ADDRESSES:  You may submit comments, identified by docket number DHS-
2017-0002 by one of the following methods:
     Federal e-Rulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Fax: 202-343-4010.
     Mail: Jonathan R. Cantor, Acting Chief Privacy Officer, 
Privacy Office, Department of Homeland Security, Washington, DC 20528.
    Instructions: All submissions received must include the agency name 
and docket number for this notice. All comments received will be posted 
without change to http://www.regulations.gov, including any personal 
information provided.
    Docket: For access to the docket to read background documents or 
comments received, go to http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Amber Smith, Privacy Officer, (202-
732-3300), U.S. Immigration and Customs Enforcement, 500 12th Street 
SW., Mail Stop 5004, Washington, DC 20536, email: [email protected], 
or Jonathan R. Cantor (202-343-1717), Acting Chief Privacy Officer, 
Privacy Office, Department of Homeland Security, Washington, DC 20528.

SUPPLEMENTARY INFORMATION:

I. Background

    The Department of Homeland Security (DHS) is giving concurrent 
notice of a newly established system of records pursuant to the Privacy 
Act of 1974 for the ``DHS/U.S. Immigration and Customs Enforcement 
(ICE)-016 FALCON Search and Analysis System of Records'' and this 
proposed rule. In this rule, the Department proposes to exempt portions 
of the system of records from one or more provisions of the Privacy Act 
because of criminal, civil, and administrative enforcement 
requirements.
    The FALCON Search and Analysis (FALCON-SA) System of Records 
describes the operation of an ICE information technology system of the 
same name, which is owned by ICE's Office of Homeland Security 
Investigations (HSI). This system contains a repository of data that is 
ingested on a routine or ad hoc basis from other existing sources, and 
an index created from that data. FALCON-SA incorporates tools that 
allow the data to be queried, analyzed, and presented in a variety of 
formats that can help illuminate relationships among the various data 
elements. The purpose of FALCON-SA is to help ICE HSI personnel conduct 
research and analysis using advanced analytic tools in support of their 
law enforcement mission.

FALCON Overview

    In 2012, ICE HSI created a new IT environment called ``FALCON'' to 
support ICE's law enforcement and criminal investigative missions. The 
FALCON environment is designed to permit ICE law enforcement and 
homeland security personnel to search and analyze data ingested from 
other Government applications and systems while employing appropriate 
user access restrictions at the data element level and robust user 
auditing controls.
    In February 2012, ICE deployed the first module of FALCON with the 
launch of FALCON-SA. FALCON-SA enables ICE law enforcement and homeland 
security personnel to search, analyze, and visualize volumes of 
existing information in support of ICE's mission to enforce and 
investigate violations of U.S. criminal, civil, and administrative 
laws. ICE agents, criminal research specialists, and intelligence 
analysts use FALCON-SA to conduct research that supports the production 
of law enforcement intelligence products; provides lead information for 
investigative inquiry and follow-up; assists in the conduct of ICE 
criminal, civil, and administrative investigations; assists in the 
disruption of terrorist or other criminal activity; and discovers 
previously unknown connections among existing ICE investigations. ICE's 
use of the system is always predicated on homeland security, law 
enforcement, and/or intelligence activities. FALCON-SA is an internal 
system used only by ICE.
    Since the launch of FALCON-SA, ICE has created other user 
interfaces, including FALCON-Tip Line, FALCON-DARTTS, and FALCON-
Roadrunner, under the FALCON umbrella. Like FALCON-SA, these other 
interfaces also use data maintained in the FALCON general data storage 
environment. This environment is where FALCON data is aggregated and 
user access is controlled through a combination of data tagging, access 
control lists, and other technologies. Using a central data store for 
FALCON data eliminates the need for multiple copies of the data and 
streamlines the application of many security and privacy controls. Only 
data accessed via FALCON-SA is covered by the DHS/ICE-016 FALCON-SA 
System of Records Notice (SORN). However, the other interfaces are 
covered by other ICE SORNs, as specified in the System Location section 
of the SORN. Separate SORNs are appropriate because the data, purposes, 
and routine uses differ for each FALCON interface.

FALCON-SA Data

    Information included in FALCON-SA is ingested either on a routine 
or ad hoc

[[Page 20845]]

basis. Routine ingests are regular updates to datasets that originate 
from other Government (typically ICE or DHS) data systems. A list of 
routine ingests into the FALCON general data storage environment that 
are accessible via FALCON-SA is available in the FALCON-SA Privacy 
Impact Assessment at www.dhs.gov/privacy.
    Ad hoc ingests are user-driven ingests of particular data that may 
be relevant to a given user or group's investigative or analytical 
project in FALCON-SA. The nature of the data in ad hoc ingests varies 
from data collected from a commercial or public source (e.g., Internet 
research or from a commercial data service such as CLEAR), to public 
reports of law enforcement violations or suspicious activity (tips), to 
digital records seized or subpoenaed during an investigation. All ad 
hoc ingests are tagged by the FALCON-SA user with the appropriate 
category description, and that tag drives the retention policy for that 
data. The ad hoc ingest category description list is included in the 
FALCON-SA Privacy Impact Assessment at www.dhs.gov/privacy.
    FALCON-SA records may include some or all of the following types of 
personally identifiable information: Identifying and biographical data 
such as name and date of birth, citizenship and immigration data, 
border crossing data, customs import-export history, criminal history, 
contact information, criminal associates, family relationships, 
photographs and other media, and employment and education information.
    FALCON-SA also contains an index, which is a numerical and 
alphabetical list of every word or string of numbers/characters found 
in the FALCON-SA database, with a reference to the electronic location 
where the corresponding source record is stored. FALCON-SA uses this 
index to conduct searches, identify relationships and links between 
records and data, and generate visualizations for analytic purposes. 
FALCON-SA also contains metadata that is created when ingesting data. 
The metadata is used to apply access controls and other system rules 
(such as retention policies) to the contents of FALCON-SA. The metadata 
also provides important contextual information about the date the 
information was added to FALCON-SA and the source system from where the 
data originated.
    The data sets in FALCON-SA include tips submitted to ICE either 
through an online form on the ICE Web site or by calling the HSI Tip 
Line. These tips are generally created electronically using the FALCON-
Tip Line interface. Alternatively, they may be manually entered by 
HSI's Cyber Crimes Center when the tips pertain to child exploitation 
crimes. Once HSI adjudicates the tips for action, they are then 
accessible to all HSI users via the FALCON-SA interface.

Uses of FALCON-SA

    ICE HSI agents, criminal research specialists, and intelligence 
analysts query FALCON-SA for a variety of purposes: To conduct research 
that supports the production of law enforcement intelligence products; 
to provide lead information for investigative inquiry and follow-up; to 
assist in the conduct of ICE criminal, civil, and administrative 
investigations; to assist in the disruption of terrorist or other 
criminal activity; and to discover previously unknown connections among 
existing ICE investigations. These queries can be saved in FALCON-SA to 
eliminate the need to recreate them each time a user logs on.
    Strong access controls and a robust audit function ensure that 
ICE's use of the system is predicated on homeland security, law 
enforcement, and intelligence activities. This requirement is enforced 
by a governance group composed of leadership from HSI with oversight by 
ICE's legal, privacy, and civil liberties offices.
    While ICE previously relied on the DHS/ICE-006 ICE Intelligence 
Records System (IIRS) SORN, last published at 75 FR 9233 (Mar. 1, 
2010), to maintain FALCON-SA records, ICE recently determined a 
separate system of records notice will provide greater transparency and 
allow ICE to more accurately describe the records accessible via 
FALCON-SA. FALCON-Tip Line records were previously covered by the DHS/
ICE-007 Alien Criminal Response Information Management (ACRIMe) SORN, 
but the FALCON-SA SORN will now cover those records instead. This 
change is due to Tip Line records having migrated out of the ACRIMe 
system into the FALCON environment and that once created, the official 
repository for FALCON-Tip Line records is the FALCON general data 
storage environment.
    This SORN will cover data that is accessible via FALCON-SA's user 
interface only, and does not cover data that is accessed via other 
FALCON interfaces, such as Roadrunner and DARTTS, which are covered by 
the DHS/ICE-005 Trade Transparency and Analysis Records (TTAR) SORN.
    Additional information about FALCON-SA can be found in the Privacy 
Impact Assessments published for FALCON-SA and FALCON-Tip Line, 
available at http://www.dhs.gov/privacy-documents-ice.
    Consistent with DHS's information sharing mission, information 
stored in the FALCON-SA SORN may be shared with other DHS components 
that have a need to know the information to carry out their national 
security, law enforcement, immigration, intelligence, or other homeland 
security functions. In addition, information may be shared with 
appropriate Federal, State, local, tribal, territorial, foreign, or 
international government agencies consistent with the routine uses set 
forth in the system of records notice.

II. Privacy Act

    The Privacy Act embodies fair information practice principles in a 
statutory framework governing the means by which Federal Government 
agencies collect, maintain, use, and disseminate individuals' records. 
The Privacy Act applies to information that is maintained in a ``system 
of records.'' A ``system of records'' is a group of any records under 
the control of an agency from which information is retrieved by the 
name of an individual or by some identifying number, symbol, or other 
identifying particular assigned to the individual. In the Privacy Act, 
an individual is defined to encompass U.S. citizens and lawful 
permanent residents. Additionally, and similarly, the Judicial Redress 
Act (JRA) provides a statutory right to covered persons to make 
requests for access and amendment to covered records, as defined by the 
JRA, along with judicial review for denials of such requests. In 
addition, the JRA prohibits disclosures of covered records, except as 
otherwise permitted by the Privacy Act.
    The Privacy Act allows Government agencies to exempt certain 
records from the access and amendment provisions. If an agency claims 
an exemption, however, it must issue a Notice of Proposed Rulemaking to 
make clear to the public the reasons why a particular exemption is 
claimed.
    DHS is claiming exemptions from certain requirements of the Privacy 
Act for DHS/ICE-016 FALCON-SA System of Records. Some information this 
system of records relates to official DHS national security, law 
enforcement, immigration, and intelligence activities. These exemptions 
are needed to protect information relating to DHS activities from 
disclosure to subjects or others related to these activities. 
Specifically, the exemptions are required to preclude subjects of these 
activities from frustrating these processes; to avoid disclosure of 
activity techniques; to protect the identities and physical safety

[[Page 20846]]

of confidential informants and law enforcement personnel; to ensure DHS 
retains the ability to obtain information from third parties and other 
sources; and to protect the privacy of third parties. Disclosure of 
information to the subject of the inquiry could also permit the subject 
to avoid detection or apprehension.
    In appropriate circumstances, when compliance would not appear to 
interfere with or adversely affect the law enforcement purposes of this 
system and the overall law enforcement process, the applicable 
exemptions may be waived on a case by case basis.
    A system of records notice for DHS/ICE-016 FALCON-SA System of 
Records is also published in this issue of the Federal Register.

List of Subjects in 6 CFR Part 5

    Freedom of information; Privacy.

    For the reasons stated in the preamble, DHS proposes to amend 
chapter I of Title 6, Code of Federal Regulations, as follows:

PART 5--DISCLOSURE OF RECORDS AND INFORMATION

0
1. The authority citation for part 5 continues to read as follows:

    Authority: 5 U.S.C. 552; 5 U.S.C. 552a; 5 U.S.C. 301; 6 U.S.C. 
101 et seq.; E.O. 13392.

0
2. Add new paragraph 77 at the end of appendix C to read as follows:

Appendix C to Part 5--DHS Systems of Records Exempt From the Privacy 
Act

* * * * *
    77. The DHS/ICE-016 FALCON Search and Analysis (FALCON-SA) 
System of Records consists of electronic and paper records and will 
be used by ICE law enforcement and homeland security personnel. The 
DHS/ICE-016 FALCON-SA System of Records contains aggregated data 
from ICE and DHS law enforcement and homeland security IT systems, 
as well as data uploaded by ICE personnel for analysis from various 
public, private, and commercial sources during the course of an 
investigation or analytical project. This information may include 
some or all of the following types of personally identifiable 
information: Identifying and biographic data such as name and date 
of birth; citizenship and immigration data; border crossing data; 
customs import-export history; criminal history; contact 
information; criminal associates; family relationships; photographs 
and other media; and employment and education information. The 
records also include tips received by ICE from the public concerning 
suspicious or potentially illegal activity, as well as telephone 
call detail records, which contain call transactions and subscriber 
data, obtained via lawful process during the course of an 
investigation. This information is maintained by ICE for analytical 
and investigative purposes and is made accessible to ICE personnel 
via the FALCON-SA system interface. The system is used to conduct 
research that supports the production of law enforcement 
intelligence products; provide lead information for investigative 
inquiry and follow-up; assist in the conduct of ICE criminal and 
administrative investigations; assist in the disruption of terrorist 
or other criminal activity; and discover previously unknown 
connections among existing ICE investigations.
    The Secretary of Homeland Security, pursuant to 5 U.S.C. 
552a(j)(2), has exempted this system from the following provisions 
of the Privacy Act: 5 U.S.C. 552a(c)(3), (c)(4); (d); (e)(1), 
(e)(2), (e)(3), (e)(4)(G), (e)(4)(H), (e)(4)(I), (e)(5), (e)(8); 
(f); and (g). Additionally, the Secretary of Homeland Security, 
pursuant to 5 U.S.C. 552a(k)(2), has exempted this system from the 
following provisions of the Privacy Act: 5 U.S.C. 552a(c)(3), 
(c)(4); (d); (e)(1), (e)(2), (e)(3), (e)(4)(G), (e)(4)(H), 
(e)(4)(I), (e)(5), (e)(8); and (g). When a record received from 
another system has been exempted in that source system under 5 
U.S.C. 552a(j)(2) or (k)(2), DHS will claim the same exemptions for 
those records that are claimed for the original primary systems of 
records from which they originated and claims any additional 
exemptions set forth here.
    Exemptions from these particular subsections are justified, on a 
case-by-case basis to be determined at the time a request is made, 
for the following reasons:
    (a) From subsection (c)(3) and (4) (Accounting for Disclosures) 
because release of the accounting of disclosures could alert the 
subject of an investigation of an actual or potential criminal, 
civil, or administrative violation to the existence of that 
investigation and reveal investigative interest on the part of DHS 
as well as the recipient agency. Disclosure of the accounting would 
therefore present a serious impediment to law enforcement efforts 
and/or efforts to preserve national security. Disclosure of the 
accounting would also permit the individual who is the subject of a 
record to impede the investigation, to tamper with witnesses or 
evidence, and to avoid detection or apprehension, which would 
undermine the entire investigative process.
    (b) From subsection (d) (Access to Records) because access to 
the records contained in this system of records could inform the 
subject of an investigation of an actual or potential criminal, 
civil, or administrative violation to the existence of that 
investigation and reveal investigative interest on the part of DHS 
or another agency. Access to the records could permit the individual 
who is the subject of a record to impede the investigation, to 
tamper with witnesses or evidence, and to avoid detection or 
apprehension. Amendment of the records could interfere with ongoing 
investigations and law enforcement activities and would impose an 
unreasonable administrative burden by requiring investigations to be 
continually reinvestigated. In addition, permitting access and 
amendment to such information could disclose classified and other 
security-sensitive information that could be detrimental to homeland 
security.
    (c) From subsection (e)(1) (Relevancy and Necessity of 
Information) because in the course of investigations into potential 
violations of Federal law, the accuracy of information obtained or 
introduced occasionally may be unclear, or the information may not 
be strictly relevant or necessary to a specific investigation. In 
the interests of effective law enforcement, it is appropriate to 
retain all information that may aid in establishing patterns of 
unlawful activity.
    (d) From subsection (e)(2) (Collection of Information from 
Individuals) because requiring that information be collected from 
the subject of an investigation would alert the subject to the 
nature or existence of the investigation, thereby interfering with 
that investigation and related law enforcement activities.
    (e) From subsection (e)(3) (Notice to Subjects) because 
providing such detailed information could impede law enforcement 
and/or threaten individuals' safety by compromising the existence of 
a confidential investigation or reveal the identity of witnesses or 
confidential informants.
    (f) From subsections (e)(4)(G), (e)(4)(H), and (e)(4)(I) (Agency 
Requirements) and (f) (Agency Rules), because portions of this 
system are exempt from the individual access provisions of 
subsection (d) for the reasons noted above, and therefore DHS is not 
required to establish requirements, rules, or procedures with 
respect to such access. Providing notice to individuals with respect 
to existence of records pertaining to them in the system of records 
or otherwise setting up procedures pursuant to which individuals may 
access and view records pertaining to themselves in the system would 
undermine investigative efforts and reveal the identities of 
witnesses, and potential witnesses, and confidential informants.
    (g) From subsection (e)(5) (Collection of Information) because 
with the collection of information for law enforcement purposes, it 
is impossible to determine in advance what information is accurate, 
relevant, timely, and complete. Compliance with subsection (e)(5) 
would preclude DHS agents from using their investigative training 
and exercise of good judgment to both conduct and report on 
investigations.
    (h) From subsection (e)(8) (Notice on Individuals) because 
compliance would interfere with DHS's ability to obtain, serve, and 
issue subpoenas, warrants, and other law enforcement mechanisms that 
may be filed under seal and could result in disclosure of 
investigative techniques, procedures, and evidence.
    (i) From subsection (g)(1) (Civil Remedies) to the extent that 
the system is exempt from other specific subsections of the Privacy 
Act.

    Dated: May 1, 2017.
Jonathan R. Cantor,
Acting Chief Privacy Officer, Department of Homeland Security.

[FR Doc. 2017-09026 Filed 5-3-17; 8:45 am]
 BILLING CODE 9111-28-P



                                                 20844

                                                 Proposed Rules                                                                                                Federal Register
                                                                                                                                                               Vol. 82, No. 85

                                                                                                                                                               Thursday, May 4, 2017



                                                 This section of the FEDERAL REGISTER                    www.regulations.gov, including any                    and analyze data ingested from other
                                                 contains notices to the public of the proposed          personal information provided.                        Government applications and systems
                                                 issuance of rules and regulations. The                    Docket: For access to the docket to                 while employing appropriate user
                                                 purpose of these notices is to give interested          read background documents or                          access restrictions at the data element
                                                 persons an opportunity to participate in the            comments received, go to http://                      level and robust user auditing controls.
                                                 rule making prior to the adoption of the final
                                                                                                         www.regulations.gov.                                     In February 2012, ICE deployed the
                                                 rules.
                                                                                                         FOR FURTHER INFORMATION CONTACT:                      first module of FALCON with the
                                                                                                         Amber Smith, Privacy Officer, (202–                   launch of FALCON–SA. FALCON–SA
                                                 DEPARTMENT OF HOMELAND                                  732–3300), U.S. Immigration and                       enables ICE law enforcement and
                                                 SECURITY                                                Customs Enforcement, 500 12th Street                  homeland security personnel to search,
                                                                                                         SW., Mail Stop 5004, Washington, DC                   analyze, and visualize volumes of
                                                 Office of the Secretary                                 20536, email: ICEPrivacy@dhs.gov, or                  existing information in support of ICE’s
                                                                                                         Jonathan R. Cantor (202–343–1717),                    mission to enforce and investigate
                                                 6 CFR Part 5                                            Acting Chief Privacy Officer, Privacy                 violations of U.S. criminal, civil, and
                                                                                                         Office, Department of Homeland                        administrative laws. ICE agents,
                                                 [Docket No. DHS–2017–0002]                              Security, Washington, DC 20528.                       criminal research specialists, and
                                                                                                         SUPPLEMENTARY INFORMATION:                            intelligence analysts use FALCON–SA
                                                 Privacy Act of 1974: Implementation of                                                                        to conduct research that supports the
                                                 Exemptions; Department of Homeland                      I. Background                                         production of law enforcement
                                                 Security/U.S. Immigration and                              The Department of Homeland                         intelligence products; provides lead
                                                 Customs Enforcement–016 FALCON                          Security (DHS) is giving concurrent                   information for investigative inquiry
                                                 Search and Analysis System of                           notice of a newly established system of               and follow-up; assists in the conduct of
                                                 Records                                                 records pursuant to the Privacy Act of                ICE criminal, civil, and administrative
                                                 AGENCY: Privacy Office, Department of                   1974 for the ‘‘DHS/U.S. Immigration                   investigations; assists in the disruption
                                                 Homeland Security (DHS).                                and Customs Enforcement (ICE)–016                     of terrorist or other criminal activity;
                                                                                                         FALCON Search and Analysis System of                  and discovers previously unknown
                                                 ACTION: Notice of proposed rulemaking.                                                                        connections among existing ICE
                                                                                                         Records’’ and this proposed rule. In this
                                                 SUMMARY:   The Department of Homeland                   rule, the Department proposes to                      investigations. ICE’s use of the system is
                                                 Security is giving concurrent notice of a               exempt portions of the system of records              always predicated on homeland
                                                 newly established system of records                     from one or more provisions of the                    security, law enforcement, and/or
                                                 pursuant to the Privacy Act of 1974 for                 Privacy Act because of criminal, civil,               intelligence activities. FALCON–SA is
                                                 the ‘‘Department of Homeland Security/                  and administrative enforcement                        an internal system used only by ICE.
                                                 U.S. Immigration and Customs                            requirements.                                            Since the launch of FALCON–SA, ICE
                                                 Enforcement–016 FALCON Search and                          The FALCON Search and Analysis                     has created other user interfaces,
                                                 Analysis System of Records’’ and this                   (FALCON–SA) System of Records                         including FALCON-Tip Line, FALCON–
                                                 proposed rulemaking. In this proposed                   describes the operation of an ICE                     DARTTS, and FALCON-Roadrunner,
                                                 rulemaking, the Department proposes to                  information technology system of the                  under the FALCON umbrella. Like
                                                 exempt portions of the system of records                same name, which is owned by ICE’s                    FALCON–SA, these other interfaces also
                                                 from one or more provisions of the                      Office of Homeland Security                           use data maintained in the FALCON
                                                 Privacy Act because of criminal, civil,                 Investigations (HSI). This system                     general data storage environment. This
                                                 and administrative enforcement                          contains a repository of data that is                 environment is where FALCON data is
                                                 requirements.                                           ingested on a routine or ad hoc basis                 aggregated and user access is controlled
                                                                                                         from other existing sources, and an                   through a combination of data tagging,
                                                 DATES:  Comments must be received on                    index created from that data. FALCON–                 access control lists, and other
                                                 or before June 5, 2017.                                 SA incorporates tools that allow the                  technologies. Using a central data store
                                                 ADDRESSES: You may submit comments,                     data to be queried, analyzed, and                     for FALCON data eliminates the need
                                                 identified by docket number DHS–                        presented in a variety of formats that                for multiple copies of the data and
                                                 2017–0002 by one of the following                       can help illuminate relationships among               streamlines the application of many
                                                 methods:                                                the various data elements. The purpose                security and privacy controls. Only data
                                                   • Federal e-Rulemaking Portal: http://                of FALCON–SA is to help ICE HSI                       accessed via FALCON–SA is covered by
                                                 www.regulations.gov. Follow the                         personnel conduct research and analysis               the DHS/ICE–016 FALCON–SA System
                                                 instructions for submitting comments.                   using advanced analytic tools in support              of Records Notice (SORN). However, the
                                                   • Fax: 202–343–4010.                                  of their law enforcement mission.                     other interfaces are covered by other ICE
                                                   • Mail: Jonathan R. Cantor, Acting
pmangrum on DSK3GDR082PROD with PROPOSALS




                                                                                                                                                               SORNs, as specified in the System
                                                 Chief Privacy Officer, Privacy Office,                  FALCON Overview                                       Location section of the SORN. Separate
                                                 Department of Homeland Security,                          In 2012, ICE HSI created a new IT                   SORNs are appropriate because the data,
                                                 Washington, DC 20528.                                   environment called ‘‘FALCON’’ to                      purposes, and routine uses differ for
                                                   Instructions: All submissions received                support ICE’s law enforcement and                     each FALCON interface.
                                                 must include the agency name and                        criminal investigative missions. The
                                                 docket number for this notice. All                      FALCON environment is designed to                     FALCON–SA Data
                                                 comments received will be posted                        permit ICE law enforcement and                           Information included in FALCON–SA
                                                 without change to http://                               homeland security personnel to search                 is ingested either on a routine or ad hoc


                                            VerDate Sep<11>2014   13:03 May 03, 2017   Jkt 241001   PO 00000   Frm 00001   Fmt 4702   Sfmt 4702   E:\FR\FM\04MYP1.SGM   04MYP1


                                                                           Federal Register / Vol. 82, No. 85 / Thursday, May 4, 2017 / Proposed Rules                                           20845

                                                 basis. Routine ingests are regular                      Alternatively, they may be manually                   Line, available at http://www.dhs.gov/
                                                 updates to datasets that originate from                 entered by HSI’s Cyber Crimes Center                  privacy-documents-ice.
                                                 other Government (typically ICE or                      when the tips pertain to child                           Consistent with DHS’s information
                                                 DHS) data systems. A list of routine                    exploitation crimes. Once HSI                         sharing mission, information stored in
                                                 ingests into the FALCON general data                    adjudicates the tips for action, they are             the FALCON–SA SORN may be shared
                                                 storage environment that are accessible                 then accessible to all HSI users via the              with other DHS components that have a
                                                 via FALCON–SA is available in the                       FALCON–SA interface.                                  need to know the information to carry
                                                 FALCON–SA Privacy Impact                                                                                      out their national security, law
                                                                                                         Uses of FALCON–SA                                     enforcement, immigration, intelligence,
                                                 Assessment at www.dhs.gov/privacy.
                                                    Ad hoc ingests are user-driven ingests                  ICE HSI agents, criminal research                  or other homeland security functions. In
                                                 of particular data that may be relevant                 specialists, and intelligence analysts                addition, information may be shared
                                                 to a given user or group’s investigative                query FALCON–SA for a variety of                      with appropriate Federal, State, local,
                                                 or analytical project in FALCON–SA.                     purposes: To conduct research that                    tribal, territorial, foreign, or
                                                 The nature of the data in ad hoc ingests                supports the production of law                        international government agencies
                                                 varies from data collected from a                       enforcement intelligence products; to                 consistent with the routine uses set
                                                 commercial or public source (e.g.,                      provide lead information for                          forth in the system of records notice.
                                                 Internet research or from a commercial                  investigative inquiry and follow-up; to
                                                                                                         assist in the conduct of ICE criminal,                II. Privacy Act
                                                 data service such as CLEAR), to public
                                                 reports of law enforcement violations or                civil, and administrative investigations;                The Privacy Act embodies fair
                                                 suspicious activity (tips), to digital                  to assist in the disruption of terrorist or           information practice principles in a
                                                 records seized or subpoenaed during an                  other criminal activity; and to discover              statutory framework governing the
                                                 investigation. All ad hoc ingests are                   previously unknown connections                        means by which Federal Government
                                                 tagged by the FALCON–SA user with                       among existing ICE investigations.                    agencies collect, maintain, use, and
                                                 the appropriate category description,                   These queries can be saved in                         disseminate individuals’ records. The
                                                 and that tag drives the retention policy                FALCON–SA to eliminate the need to                    Privacy Act applies to information that
                                                 for that data. The ad hoc ingest category               recreate them each time a user logs on.               is maintained in a ‘‘system of records.’’
                                                 description list is included in the                        Strong access controls and a robust                A ‘‘system of records’’ is a group of any
                                                 FALCON–SA Privacy Impact                                audit function ensure that ICE’s use of               records under the control of an agency
                                                 Assessment at www.dhs.gov/privacy.                      the system is predicated on homeland                  from which information is retrieved by
                                                    FALCON–SA records may include                        security, law enforcement, and                        the name of an individual or by some
                                                 some or all of the following types of                   intelligence activities. This requirement             identifying number, symbol, or other
                                                 personally identifiable information:                    is enforced by a governance group                     identifying particular assigned to the
                                                 Identifying and biographical data such                  composed of leadership from HSI with                  individual. In the Privacy Act, an
                                                 as name and date of birth, citizenship                  oversight by ICE’s legal, privacy, and                individual is defined to encompass U.S.
                                                 and immigration data, border crossing                   civil liberties offices.                              citizens and lawful permanent
                                                 data, customs import-export history,                       While ICE previously relied on the                 residents. Additionally, and similarly,
                                                 criminal history, contact information,                  DHS/ICE–006 ICE Intelligence Records                  the Judicial Redress Act (JRA) provides
                                                 criminal associates, family                             System (IIRS) SORN, last published at                 a statutory right to covered persons to
                                                 relationships, photographs and other                    75 FR 9233 (Mar. 1, 2010), to maintain                make requests for access and
                                                 media, and employment and education                     FALCON–SA records, ICE recently                       amendment to covered records, as
                                                 information.                                            determined a separate system of records               defined by the JRA, along with judicial
                                                    FALCON–SA also contains an index,                    notice will provide greater transparency              review for denials of such requests. In
                                                 which is a numerical and alphabetical                   and allow ICE to more accurately                      addition, the JRA prohibits disclosures
                                                 list of every word or string of numbers/                describe the records accessible via                   of covered records, except as otherwise
                                                 characters found in the FALCON–SA                       FALCON–SA. FALCON-Tip Line                            permitted by the Privacy Act.
                                                 database, with a reference to the                       records were previously covered by the                   The Privacy Act allows Government
                                                 electronic location where the                           DHS/ICE–007 Alien Criminal Response                   agencies to exempt certain records from
                                                 corresponding source record is stored.                  Information Management (ACRIMe)                       the access and amendment provisions. If
                                                 FALCON–SA uses this index to conduct                    SORN, but the FALCON–SA SORN will                     an agency claims an exemption,
                                                 searches, identify relationships and                    now cover those records instead. This                 however, it must issue a Notice of
                                                 links between records and data, and                     change is due to Tip Line records                     Proposed Rulemaking to make clear to
                                                 generate visualizations for analytic                    having migrated out of the ACRIMe                     the public the reasons why a particular
                                                 purposes. FALCON–SA also contains                       system into the FALCON environment                    exemption is claimed.
                                                 metadata that is created when ingesting                 and that once created, the official                      DHS is claiming exemptions from
                                                 data. The metadata is used to apply                     repository for FALCON-Tip Line records                certain requirements of the Privacy Act
                                                 access controls and other system rules                  is the FALCON general data storage                    for DHS/ICE–016 FALCON–SA System
                                                 (such as retention policies) to the                     environment.                                          of Records. Some information this
                                                 contents of FALCON–SA. The metadata                        This SORN will cover data that is                  system of records relates to official DHS
                                                 also provides important contextual                      accessible via FALCON–SA’s user                       national security, law enforcement,
                                                 information about the date the                          interface only, and does not cover data               immigration, and intelligence activities.
                                                                                                                                                               These exemptions are needed to protect
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                                                 information was added to FALCON–SA                      that is accessed via other FALCON
                                                 and the source system from where the                    interfaces, such as Roadrunner and                    information relating to DHS activities
                                                 data originated.                                        DARTTS, which are covered by the                      from disclosure to subjects or others
                                                    The data sets in FALCON–SA include                   DHS/ICE–005 Trade Transparency and                    related to these activities. Specifically,
                                                 tips submitted to ICE either through an                 Analysis Records (TTAR) SORN.                         the exemptions are required to preclude
                                                 online form on the ICE Web site or by                      Additional information about                       subjects of these activities from
                                                 calling the HSI Tip Line. These tips are                FALCON–SA can be found in the                         frustrating these processes; to avoid
                                                 generally created electronically using                  Privacy Impact Assessments published                  disclosure of activity techniques; to
                                                 the FALCON-Tip Line interface.                          for FALCON–SA and FALCON-Tip                          protect the identities and physical safety


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                                                 20846                     Federal Register / Vol. 82, No. 85 / Thursday, May 4, 2017 / Proposed Rules

                                                 of confidential informants and law                      investigative purposes and is made accessible             (c) From subsection (e)(1) (Relevancy and
                                                 enforcement personnel; to ensure DHS                    to ICE personnel via the FALCON–SA system              Necessity of Information) because in the
                                                 retains the ability to obtain information               interface. The system is used to conduct               course of investigations into potential
                                                                                                         research that supports the production of law           violations of Federal law, the accuracy of
                                                 from third parties and other sources;
                                                                                                         enforcement intelligence products; provide             information obtained or introduced
                                                 and to protect the privacy of third                     lead information for investigative inquiry and
                                                 parties. Disclosure of information to the                                                                      occasionally may be unclear, or the
                                                                                                         follow-up; assist in the conduct of ICE                information may not be strictly relevant or
                                                 subject of the inquiry could also permit                criminal and administrative investigations;
                                                                                                                                                                necessary to a specific investigation. In the
                                                 the subject to avoid detection or                       assist in the disruption of terrorist or other
                                                                                                                                                                interests of effective law enforcement, it is
                                                 apprehension.                                           criminal activity; and discover previously
                                                                                                         unknown connections among existing ICE                 appropriate to retain all information that may
                                                    In appropriate circumstances, when                                                                          aid in establishing patterns of unlawful
                                                 compliance would not appear to                          investigations.
                                                                                                            The Secretary of Homeland Security,                 activity.
                                                 interfere with or adversely affect the law                                                                        (d) From subsection (e)(2) (Collection of
                                                                                                         pursuant to 5 U.S.C. 552a(j)(2), has exempted
                                                 enforcement purposes of this system                     this system from the following provisions of           Information from Individuals) because
                                                 and the overall law enforcement                         the Privacy Act: 5 U.S.C. 552a(c)(3), (c)(4);          requiring that information be collected from
                                                 process, the applicable exemptions may                  (d); (e)(1), (e)(2), (e)(3), (e)(4)(G), (e)(4)(H),     the subject of an investigation would alert the
                                                 be waived on a case by case basis.                      (e)(4)(I), (e)(5), (e)(8); (f); and (g).               subject to the nature or existence of the
                                                    A system of records notice for DHS/                  Additionally, the Secretary of Homeland                investigation, thereby interfering with that
                                                 ICE–016 FALCON–SA System of                             Security, pursuant to 5 U.S.C. 552a(k)(2), has         investigation and related law enforcement
                                                 Records is also published in this issue                 exempted this system from the following                activities.
                                                                                                         provisions of the Privacy Act: 5 U.S.C.                   (e) From subsection (e)(3) (Notice to
                                                 of the Federal Register.
                                                                                                         552a(c)(3), (c)(4); (d); (e)(1), (e)(2), (e)(3),       Subjects) because providing such detailed
                                                 List of Subjects in 6 CFR Part 5                        (e)(4)(G), (e)(4)(H), (e)(4)(I), (e)(5), (e)(8); and   information could impede law enforcement
                                                                                                         (g). When a record received from another
                                                   Freedom of information; Privacy.                                                                             and/or threaten individuals’ safety by
                                                                                                         system has been exempted in that source
                                                                                                                                                                compromising the existence of a confidential
                                                   For the reasons stated in the                         system under 5 U.S.C. 552a(j)(2) or (k)(2),
                                                                                                         DHS will claim the same exemptions for                 investigation or reveal the identity of
                                                 preamble, DHS proposes to amend
                                                                                                         those records that are claimed for the original        witnesses or confidential informants.
                                                 chapter I of Title 6, Code of Federal                                                                             (f) From subsections (e)(4)(G), (e)(4)(H),
                                                 Regulations, as follows:                                primary systems of records from which they
                                                                                                         originated and claims any additional                   and (e)(4)(I) (Agency Requirements) and (f)
                                                                                                         exemptions set forth here.                             (Agency Rules), because portions of this
                                                 PART 5—DISCLOSURE OF RECORDS
                                                                                                            Exemptions from these particular                    system are exempt from the individual access
                                                 AND INFORMATION                                                                                                provisions of subsection (d) for the reasons
                                                                                                         subsections are justified, on a case-by-case
                                                                                                         basis to be determined at the time a request           noted above, and therefore DHS is not
                                                 ■ 1. The authority citation for part 5
                                                                                                         is made, for the following reasons:                    required to establish requirements, rules, or
                                                 continues to read as follows:                              (a) From subsection (c)(3) and (4)                  procedures with respect to such access.
                                                   Authority: 5 U.S.C. 552; 5 U.S.C. 552a; 5             (Accounting for Disclosures) because release           Providing notice to individuals with respect
                                                 U.S.C. 301; 6 U.S.C. 101 et seq.; E.O. 13392.           of the accounting of disclosures could alert           to existence of records pertaining to them in
                                                                                                         the subject of an investigation of an actual or        the system of records or otherwise setting up
                                                 ■ 2. Add new paragraph 77 at the end                    potential criminal, civil, or administrative
                                                 of appendix C to read as follows:                                                                              procedures pursuant to which individuals
                                                                                                         violation to the existence of that investigation       may access and view records pertaining to
                                                 Appendix C to Part 5—DHS Systems of                     and reveal investigative interest on the part          themselves in the system would undermine
                                                                                                         of DHS as well as the recipient agency.
                                                 Records Exempt From the Privacy Act                                                                            investigative efforts and reveal the identities
                                                                                                         Disclosure of the accounting would therefore
                                                                                                                                                                of witnesses, and potential witnesses, and
                                                 *      *     *       *      *                           present a serious impediment to law
                                                                                                                                                                confidential informants.
                                                    77. The DHS/ICE–016 FALCON Search and                enforcement efforts and/or efforts to preserve
                                                 Analysis (FALCON–SA) System of Records                  national security. Disclosure of the                      (g) From subsection (e)(5) (Collection of
                                                 consists of electronic and paper records and            accounting would also permit the individual            Information) because with the collection of
                                                 will be used by ICE law enforcement and                 who is the subject of a record to impede the           information for law enforcement purposes, it
                                                 homeland security personnel. The DHS/ICE–               investigation, to tamper with witnesses or             is impossible to determine in advance what
                                                 016 FALCON–SA System of Records contains                evidence, and to avoid detection or                    information is accurate, relevant, timely, and
                                                 aggregated data from ICE and DHS law                    apprehension, which would undermine the                complete. Compliance with subsection (e)(5)
                                                 enforcement and homeland security IT                    entire investigative process.                          would preclude DHS agents from using their
                                                 systems, as well as data uploaded by ICE                   (b) From subsection (d) (Access to Records)         investigative training and exercise of good
                                                 personnel for analysis from various public,             because access to the records contained in             judgment to both conduct and report on
                                                 private, and commercial sources during the              this system of records could inform the                investigations.
                                                 course of an investigation or analytical                subject of an investigation of an actual or               (h) From subsection (e)(8) (Notice on
                                                 project. This information may include some              potential criminal, civil, or administrative           Individuals) because compliance would
                                                 or all of the following types of personally             violation to the existence of that investigation       interfere with DHS’s ability to obtain, serve,
                                                 identifiable information: Identifying and               and reveal investigative interest on the part          and issue subpoenas, warrants, and other law
                                                 biographic data such as name and date of                of DHS or another agency. Access to the                enforcement mechanisms that may be filed
                                                 birth; citizenship and immigration data;                records could permit the individual who is             under seal and could result in disclosure of
                                                 border crossing data; customs import-export             the subject of a record to impede the                  investigative techniques, procedures, and
                                                 history; criminal history; contact                      investigation, to tamper with witnesses or             evidence.
                                                 information; criminal associates; family                evidence, and to avoid detection or                       (i) From subsection (g)(1) (Civil Remedies)
                                                 relationships; photographs and other media;             apprehension. Amendment of the records
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                                                                                                                                                                to the extent that the system is exempt from
                                                 and employment and education information.               could interfere with ongoing investigations
                                                                                                                                                                other specific subsections of the Privacy Act.
                                                 The records also include tips received by ICE           and law enforcement activities and would
                                                 from the public concerning suspicious or                impose an unreasonable administrative                     Dated: May 1, 2017.
                                                 potentially illegal activity, as well as                burden by requiring investigations to be               Jonathan R. Cantor,
                                                 telephone call detail records, which contain            continually reinvestigated. In addition,               Acting Chief Privacy Officer, Department of
                                                 call transactions and subscriber data,                  permitting access and amendment to such                Homeland Security.
                                                 obtained via lawful process during the course           information could disclose classified and
                                                 of an investigation. This information is                other security-sensitive information that              [FR Doc. 2017–09026 Filed 5–3–17; 8:45 am]
                                                 maintained by ICE for analytical and                    could be detrimental to homeland security.             BILLING CODE 9111–28–P




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Document Created: 2017-05-04 01:49:08
Document Modified: 2017-05-04 01:49:08
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking.
DatesComments must be received on or before June 5, 2017.
ContactAmber Smith, Privacy Officer, (202- 732-3300), U.S. Immigration and Customs Enforcement, 500 12th Street SW., Mail Stop 5004, Washington, DC 20536, email: [email protected], or Jonathan R. Cantor (202-343-1717), Acting Chief Privacy Officer, Privacy Office, Department of Homeland Security, Washington, DC 20528.
FR Citation82 FR 20844 

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