Polk County using online surveillance software that critics say could be privacy overreach

The Polk County Sheriff's Office has started using internet surveillance software that law enforcement officials say will be beneficial in solving crimes such as human trafficking.

Sheriff's office spokesperson Capt. Ryan Evans said investigators can use the new ShadowDragon software to search public sources and websites to aggregate information on suspects and collect evidence. It acquired the software in March.

Critics of the platform say its extensive data collection capabilities are primed for a privacy overstep.

More: How new Iowa laws will make human trafficking, child sexual exploitation charges stronger

Here's what to know about ShadowDragon:

What is ShadowDragon and how does it work?

ShadowDragon's website describes its tool as an all-in-one platform that allows analysts and investigators to quickly access and merge data from more than 225 sources including social media, news articles and online forums, as well as the dark web. The technology is meant to aid its customers, such as law enforcement agencies, in building a robust digital footprint of a suspect's identities, network and location using online public information.

One of its products, SocialNet, allows the user to insert a person's name, email or alias and immediately get information from dozens of websites about their friends and interests and access to their posted pictures and videos, according to the company's website.

"We just speed up people's abilities to ask different questions across multiple different profiles and identities, social media platforms, video game forums," company founder Daniel Clemens said in a video describing the tool on the company's website. "We make it so it's easy."

ShadowDragon did not immediately respond to the Register's questions about how the technology works and how law enforcement agencies could benefit from the platform.

Notable ShadowDragon customers have included Michigan State Police and the U.S. Immigration and Customs Enforcement, according to reporting from the Detroit Free Press and The Intercept. Homeland Security Investigations spokesperson Erin Bultje would not confirm to the Register on whether ICE contracts or previously contracted with ShadowDragon, noting HSI "does not discuss specific law enforcement tactics or techniques."

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What is the Polk County Sheriff's Office using it for?

The sheriff's office acquired the ShadowDragon software in March through a $4,000 donation from Operation Underground Railroad, an anti-human trafficking nonprofit now known as OUR Rescue, according to a contract approved by the Polk County Board of Supervisors.

The donation will fund the service for a year to help investigators in cases of child sex abuse, child exploitation and human trafficking, according to the contract.

Evans said the technology — which will primarily be used by intel analysts in the criminal investigations division — can help the sheriff's office with crimes beyond human trafficking, such as crimes against children.

The sheriff's office will determine after the year ends whether it makes sense to continue the program and how the agency might continue to fund it, according to Evans.

How prevalent is human trafficking in Iowa?

The U.S. Department of Homeland Security defines human trafficking as the "use of force, fraud, or coercion to obtain some type of labor or commercial sex act." Iowa Department of Public Safety's Office to Combat Human Trafficking documented 71 human trafficking tips and leads between January and October of 2023, according to its annual report.

According to the FBI's National Incident-Based Reporting System, the Polk County Sheriff's Office reported one instance of human trafficking/commercial sex acts from 2013 to 2022. Evans said these statistics don't paint a realistic picture because oftentimes cases involve multiple victims or law enforcement agencies and are reported to the FBI by a different agency.

More: Woman charged with human trafficking at Des Moines massage parlor, three victims rescued

He said Polk County typically sees fewer human trafficking cases that involve kidnapping. It's more likely county deputies will run into situations where a person became a prostitute but can't leave because they don't have the assistance or means. Young people often fall victim to these crimes, he added.

"So that person is still a victim, even though they entered that situation somewhat willingly," Evans said. "It's still a crime, and it's still a person that needs assistance to get out."

Critic says ShadowDragon can give police too much information

ACLU of Iowa Policy Director Pete McRoberts told the Register he believes the county had good intentions purchasing ShadowDragon, and victims of human trafficking crimes should have access to resources the government can offer. But McRoberts questions whether the county exercised sufficient scrutiny ahead of the purchase.

He said it's concerning that the company sells the entirety of someone's online presence to the government without "guardrails," which he said can be problematic for privacy and due process. He argues that while law enforcement can't legally surveil all people at all times, a tool sold by companies like ShadowDragon gives them an easy way to do so — even if it's outside the scope of their investigation.

That could mean finding intimate details about a person, such as where they shop or who their family members are.

"And that's exactly the issue," McRoberts said. "Because the government doesn't need to know that unless they've got reasonable suspicion or probable cause to think that you're engaged in a crime."

He said some of the websites the company pulls from can tell embarrassing personal or financial narratives that don't have anything to do with criminal activities. McRoberts added the program can have a disparate impact on minority community members given the racial disparity of prosecutions and sentencing in the state.

"Whatever problem exists right now is magnified when this company sells the government these people's entire internet footprint," he said.

ShadowDragon's software does not circumvent encryption or privacy settings, nor does it use "developer-level access" to use social media platforms, according to the company's website.

Evans said he's familiar with critics' perceptions of ShadowDragon acting as "spy technology," but counters that the tool is used to investigate crimes, not create them.

"So it's not like we're using this to go search for the crime," he said. "We know the crime has occurred, and now we're using it to assist in resolving or solving or gathering information to help resolve or solve that crime."

"We want to resolve crimes. We want to take care of society, and if somebody's reporting a crime ... we want to do everything we can to help that person out," Evans said. "There's a lot of victims out there. We want to take care of the victims."

Virginia Barreda is the Des Moines city government reporter for the Register. She can be reached at vbarreda@dmreg.com. Follow her on Twitter at @vbarreda2.

This article originally appeared on Des Moines Register: Polk County buys online surveillance tool ShadowDragon: What to know