- FBI Director Kash Patel confirmed the agency is buying commercially available data to track people's movements and activities.
- This marks a shift from 2023, when former Director Christopher Wray said the FBI was no longer purchasing such data.
- The data, sourced from brokers, can include location, browsing and financial information, raising concerns it bypasses warrant requirements set by the U.S. Supreme Court in 2018.
- Lawmakers, including Ron Wyden (D-Ore.) and Mike Lee (R-Utah), have introduced a bill requiring warrants to purchase Americans' personal data, citing privacy risks.
- The practice remains controversial, with some officials like Tom Cotton (R-Ark.) defending it for security purposes, while agencies like the Defense Intelligence Agency also confirm similar data use.
The Federal Bureau of Investigation (FBI) is actively purchasing commercially available data that can be used to track individuals' movements and location history, Director Kash Patel confirmed during a Senate hearing on Wednesday, March 18.
The disclosure marks the first time the agency has acknowledged engaging in the practice since former Director Christopher Wray told lawmakers in 2023 that while the FBI had previously bought such data, it was no longer doing so at that time.
Speaking before the Senate Intelligence Committee during its annual Worldwide Threats hearing, Patel said the agency's use of purchased data complies with legal standards. "We do purchase commercially available information that's consistent with the Constitution and the laws under the Electronic Communications Privacy Act, and it has led to some valuable intelligence for us," he told senators.
Purchasing of commercially available data, as defined by BrightU.AI's Enoch, includes location records, browsing history and financial transactions – from private brokers, bypassing traditional warrant requirements. The practice has drawn renewed scrutiny due to concerns that it may circumvent legal safeguards established by the U.S. Supreme Court.
In 2018, the court ruled that law enforcement agencies must obtain a warrant to access location data directly from cellphone providers. However, data brokers can legally sell similar information, offering agencies an alternative route that does not always require judicial approval.
Lawmakers push warrant requirement as FBI data purchases spark privacy debate
Several lawmakers are now pushing to close that gap.
Senators Ron Wyden (D-Ore.) and Mike Lee (R-Utah) introduced the Government Surveillance Reform Act on March 13. The proposed legislation would require federal agencies to obtain a warrant before purchasing Americans’ personal data.
Wyden criticized the current practice during the hearing, calling it "an outrageous end run around the Fourth Amendment," and warning that advances in artificial intelligence could amplify privacy risks by enabling the analysis of vast amounts of personal information.
"Doing that without a warrant is an outrageous end run around the Fourth Amendment, it's particularly dangerous given the use of artificial intelligence to comb through massive amounts of private information," Wyden said during the hearing.
A companion bill has also been introduced in the House by Representatives Zoe Lofgren (D-Calif.) and Warren Davidson (R-Ohio), signaling bipartisan concern over the issue.
Not all lawmakers oppose the practice. Senate Intelligence Committee Chair Tom Cotton (R-Ark.) defended the FBI's actions, emphasizing that the data in question is commercially available. He argued that access to such information could help authorities track dangerous criminals and protect public safety.
Meanwhile, Defense Intelligence Agency Director James Adams told the committee that they also purchase commercially available data, underscoring how widespread the practice has become across U.S. intelligence agencies.
The debate highlights growing tension between national security priorities and privacy protections, as lawmakers weigh whether new regulations are needed to govern the expanding market for personal data.
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