IRS, DOJ use social media sites to track deadbeats, criminal activity

Documents offer peek at use of social networking sites in investigations

Advocacy group the Electronic Frontier Foundation has obtained documents showing how law enforcement agencies and the Internal Revenue Service are gathering information from social networking sites for their investigations.

The documents were obtained via a Freedom of Information Act (FOIA) lawsuit filed last December by the EFF and the University of California, Berkeley's Samuelson Clinic. The lawsuit was filed against six federal agencies and sought information on their use of social networking sites for data collection and surveillance purposes.

The agencies named in the lawsuit were the Department of Defense, Department of Homeland Security , Department of Justice, Department of Treasury, the CIA, and Office of the Director of National Intelligence.

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Advocacy group the Electronic Frontier Foundation has obtained documents showing how law enforcement agencies and the Internal Revenue Service are gathering information from social networking sites for their investigations.

The documents were obtained via a Freedom of Information Act (FOIA) lawsuit filed last December by the EFF and the University of California, Berkeley's Samuelson Clinic. The lawsuit was filed against six federal agencies and sought information on their use of social networking sites for data collection and surveillance purposes.

The agencies named in the lawsuit were the Department of Defense, Department of Homeland Security , Department of Justice, Department of Treasury, the CIA, and Office of the Director of National Intelligence.

The EFF this week obtained documents from two of those agencies -- the IRS and the Justice Department -- that show how the government is collecting information from social networking sites, which has been suspected for some time, said Shane Witnov, a law student and spokesman for the lawsuit at the Samuelson Law, Technology and Public Policy Clinic. "The documents tell us clearly that the government is using social networking sites for undercover investigations," Witnov said.

In the case of the IRS, formal policies appear to be in place governing the manner in which agents can use social networking sites to investigate taxpayers, Witnov said. Guidelines contained in a 2009 IRS training course show that the agency clearly forbids agents from using deception and fake social networking accounts to ferret out information.

Agents are also limited to only accessing and using publicly available information from social networking sites. "We were actually quite impressed that they had formal training in place and that these were the rules they had established," Witnov said.

The 38-page IRS training document posted on the EFF Web site provides detailed tips to agents on how to conduct searches, locate relevant taxpayer information, narrow down and refine results, and save multiple Web pages to Adobe's Web capture feature. Among the social media applications mentioned are Google Groups, FaceBook , Twitter , MySpace, YouTube and Second Life.

The IRS documents provides an example of how information gathered from a social networking site could be useful in a tax investigation. In the example, a revenue officer discovers that a taxpayer he is investigating maintains a social networking site to advertise his services as a comedian. The officer discovers that the individual maintains a video clip on his social network site where he lists his schedule of past and future performance locations. The information can be useful in determining amounts paid to the taxpayer and where those payments were deposited, the document noted.

"Future performance sites are potential levy sources and show where the taxpayer will be for possible summons if returns and financial information are needed," the document said.

Meanwhile, the documents obtained from the criminal division of the Justice Department show that law enforcement is using social media sites for undercover operations, Witnov said.