PRIVACY: CBP’s warrantless use of cell phone location data is under investigation.

US Customs and Border Protection (CBP), a division of DHS, “has paid a government contractor named Venntel nearly half a million dollars for access to a commercial database containing location data mined from applications on millions of Americans’ mobile phones,” five Democratic US senators said in October.

“CBP is not above the law and it should not be able to buy its way around the Fourth Amendment,” the senators told Inspector General Joseph Cuffari while requesting an investigation into “CBP’s warrantless use of commercial databases containing Americans’ information, including but not limited to Venntel’s location database.”

Cuffari granted the request for an investigation, telling the senators that his office will “initiate an audit that we believe will address your concerns” in a letter sent November 25 and made public by the Democratic senators yesterday. The senators who requested the investigation are Ron Wyden (D-Ore.), Elizabeth Warren (D-Mass.), Sherrod Brown (D-Ohio), Edward Markey (D-Mass.), and Brian Schatz (D-Hawaii).

It’s a motley crew, but Wyden is at least solid on digital privacy issues.