FBI is buying location data to track US citizens, director confirms

In a recent congressional testimony, FBI Director Kash Patel revealed that the agency has resumed purchasing extensive amounts of Americans' personal data, including location histories, to support federal investigations. This confirmation marks the first acknowledgment since 2023 of the FBI’s strategy to acquire data from brokers, who typically gather information from everyday consumer apps and games. Previously, former FBI Director Christopher Wray had indicated that while the agency had historically accessed location data, it was not actively pursuing such purchases. When pressed by Senator Ron Wyden from Oregon about whether the FBI would refrain from acquiring Americans' location data, Patel stated that the agency utilizes every available resource to fulfill its mission. He emphasized, “We do purchase commercially available information that aligns with the Constitution and the laws under the Electronic Communications Privacy Act, which has yielded valuable intelligence for us.” Senator Wyden expressed serious concerns, labeling the FBI's method of obtaining data without a warrant as an “outrageous end-run around the Fourth Amendment.” This constitutional protection safeguards individuals from unreasonable searches and seizures of their data and devices. The FBI has not clarified how frequently it acquires location data or from which specific brokers. Typically, federal agencies must secure a judge's approval for a search warrant based on evidence of a crime to request private information from technology or telecommunications companies. However, recent trends indicate that U.S. agencies are bypassing this legal requirement by purchasing publicly available data from companies that compile vast quantities of individuals’ location information. For instance, U.S. Customs and Border Protection reportedly acquired data sourced from real-time bidding services, according to documents obtained by 404 Media. These services are integral to mobile and web advertising, collecting data on user locations and other identifiable information. Surveillance firms can track this data collection process and sell the resulting information to federal agencies, allowing them to avoid the warrant process. The FBI maintains that it does not require a warrant to utilize this information in its investigations, a legal stance that has yet to be challenged in court. In response to these practices, Senator Wyden and fellow lawmakers have introduced the Government Surveillance Reform Act, which seeks to mandate court-approved warrants for federal agencies purchasing Americans' personal information from data brokers.