US government spies on Americans’ credit cards and travel reservations

According to a new document released under a government request revealed that the US federal law enforcement agencies have been tracking Americans in real-time using credit cards, loyalty cards and travel reservations without getting a court order.

A security researcher Christopher Soghoian obtained the document that explains how so-called “Hotwatch” orders allow for real-time tracking of individuals in a criminal investigation via credit card companies, rental car agencies, calling cards, and even grocery store loyalty programs. This serves as another evidence of Justice Department’s increasing abuse of power to surveil on Americans with no judicial or Congressional control.

For credit cards, agents can get real-time information on a person’s purchases by writing their own subpoena, followed up by a order from a judge that the surveillance not be disclosed. Agents can also go the traditional route — going to a judge, proving probable cause and getting a search warrant — which means the target will eventually be notified they were spied on.

According to the document normally agents ask for all historical records on an account or individual from a credit card company, since getting stored records is generally legally easy. Then the agent sends a request for “Any and all records and information relating directly or indirectly to any and all ongoing and future transactions or events relating to any and all of the following person(s), entitities, account numbers, addresses and other matters…” That gets them a live feed of transaction data.

It’s not clear what standards an agent would have to follow to get a “Hotwatch” order. The Justice Department told Sogohian the document is the only one it could find relating to “hotwatches” — which means there is either no policy or the department is witholding relevant documents.