Questions Raised Over Data Sharing with ICE and FBI
Con Edison, the primary energy supplier for New York City, has declined to explain whether federal agencies such as U.S. Immigration and Customs Enforcement (ICE) and the Federal Bureau of Investigation (FBI) are required to present a search warrant or court order to access its customer data. The refusal follows an investigation by 404 Media, which reviewed court documents indicating that Homeland Security Investigations (HSI), a division of ICE, and the FBI have previously accessed such data.
The reviewed records show multiple instances where the FBI and HSI performed what the documents described as “searches” of Con Edison records to identify individuals linked to specific addresses. These revelations have led to questions about how law enforcement agencies gain access to the utility provider’s sensitive customer data, whether any legal safeguards exist, and whether ICE continues to receive such information during its current deportation operations.
In response to 404 Media’s inquiries, Anne Marie, a media relations manager for Con Edison, stated, “We don’t comment to either confirm or deny compliance with law enforcement investigations.” The company provided no additional details regarding the procedures federal agencies must follow to obtain customer information.
Federal Investigations and Data Sensitivity
Con Edison’s customer records contain information that can directly connect a person’s identity to a specific address, making them valuable to law enforcement. Utility accounts, typically registered under real names, can confirm whether a person resides at a given location. Court documents reviewed by 404 Media show that both the FBI and HSI have relied on this data in multiple investigations.
In one FBI case, investigators determined that a suspect lived in a particular apartment after reviewing Con Edison account information tied to the individual. Another record described agents locating a user’s email address linked to a utility account. A separate filing stated that “a search of records maintained by Con Edison” confirmed an individual’s service at a targeted address. Similar references appear across several other court filings.
HSI has also used Con Edison data in criminal probes, with one record noting that the agency obtained customer information to identify who held an account at a specific property. Another document indicated that HSI confirmed, through Con Edison, that a premises was not divided into multiple units. These examples underscore the routine use of utility data as part of broader federal investigations.
Lack of Transparency and Broader Implications
Despite the recurring involvement of Con Edison data in federal investigations, the company has declined to clarify its policies for law enforcement access. Typically, corporations outline these procedures in transparency reports to help customers understand their privacy protections and inform investigators about the documentation required to request data. Many companies require a warrant, subpoena, or other legal order depending on the sensitivity of the requested information.
The lack of public disclosure leaves customers uncertain about how their data might be used. It also raises broader privacy and civil rights concerns as ICE intensifies deportation operations. According to the Cato Institute, HSI has reassigned nearly 90 percent of its agents—over 6,000 personnel—to assist in deportation enforcement under the current administration. Although HSI traditionally investigates crimes such as money laundering and cybercrime, its expanded role in immigration enforcement has blurred the distinction between the two branches of ICE.
The court documents reviewed do not specify whether investigators secured warrants or court orders to access Con Edison’s records, nor do they describe the technical means by which searches were conducted. Without transparency from the utility provider, both customers and civil liberties advocates remain without clear answers on the scope of government access to personal energy usage data.