Patel confirms agency purchases tracking data as lawmakers push warrant requirement to close surveillance loophole.
By yourNEWS Media Newsroom
FBI Director Kash Patel confirmed during Senate testimony that the agency is purchasing commercially available data capable of tracking individuals’ movements and location history, marking the first acknowledgment of the practice since prior leadership indicated it had been discontinued.
According to Politico, Patel told lawmakers the FBI acquires such data in a manner consistent with existing law. “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 said during the Intelligence Committee’s annual threats hearing.
The disclosure follows earlier statements from former FBI Director Christopher Wray, who said in 2023, as documented in a congressional record, that the bureau had previously purchased location data but was not actively doing so at that time.
The issue centers on a legal gap stemming from a 2018 Supreme Court ruling requiring law enforcement to obtain a warrant before accessing location data directly from cell phone providers, outlined in a Supreme Court decision. Data brokers, however, can collect and sell similar information, allowing agencies to acquire it without a warrant.
Lawmakers from both parties are now seeking to restrict the practice. Sens. Ron Wyden, D-Ore., and Mike Lee, R-Utah, introduced the Government Surveillance Reform Act on March 13, which would require federal agencies to obtain a warrant before purchasing Americans’ personal data.
Wyden criticized the current approach 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 analysis of large volumes of personal information.
A companion measure has been introduced in the House by Reps. Zoe Lofgren, D-Calif., and Warren Davidson, R-Ohio, reflecting bipartisan concern over the expanding use of commercially available data by federal agencies.
Not all lawmakers oppose the practice. Senate Intelligence Committee Chairman Tom Cotton, R-Ark., defended the FBI’s use of commercially available data, arguing that access to such information can aid efforts to identify and apprehend serious criminal threats.
Officials from other agencies also confirmed similar practices. Defense Intelligence Agency Director James Adams told lawmakers that his agency purchases commercially available information as well, indicating the approach is not limited to the FBI.
The debate highlights ongoing tensions between national security priorities and privacy protections, as Congress considers whether to impose new limits on how government agencies access and use personal data.
Original article
Comments