The FBI has confirmed that it has resumed buying location data and other information from data brokers to aid in federal investigations, according to testimony from FBI Director Kash Patel.
The agency had previously purchased access to people's location data, but this is the first time since 2023 that the FBI has confirmed it is actively doing so, as reported by Politico.
When asked by Senator Ron Wyden if the FBI would commit to not buying Americans' location data, Patel stated that the agency uses all available tools to complete its mission and that purchasing commercially available information has led to valuable intelligence.
The Controversy Surrounding Data Purchases
Senator Wyden criticized the practice, calling it an "outrageous end-run around the Fourth Amendment," which protects people from device searches and data seizures.
Government agencies typically need a warrant to obtain private information, but purchasing commercially available data allows them to bypass this step, as seen in a document obtained by 404 Media regarding U.S. Customs and Border Protection's data purchases.
Legislative Response
Last week, Senator Wyden introduced a bipartisan bill called the Government Surveillance Reform Act, which would require federal agencies to obtain a court-authorized warrant before buying Americans' information from data brokers.
The FBI claims it does not need a warrant to use this information for federal investigations, but this legal theory has not been tested in court.
