The FBI has admitted to buying location data that can be used to track Americans, raising new concerns about whether federal agencies are using data brokers to avoid getting warrants. FBI Director Kash Patel confirmed and defended the practice during a Senate Intelligence Committee hearing.
Kash Patel confirms FBI is buying data
During the hearing, Patel said, “We do purchase commercially available information that is consistent with the Constitution and the laws under the Electronic Communications Privacy Act and it has led to some valuable intelligence for us.”
According to TechCrunch, this is the first time since 2023 that the FBI has confirmed it is once again buying access to people’s data and location histories from brokers.
The Verge reported that Patel admitted the bureau is buying location data that can be used to track people’s movements, and noted that, unlike data obtained directly from cellphone providers, this brokered information can be accessed without a warrant.
The report added that the practice allows the government to use data that can track anyone.
Senators say the practice is an “end-run” around warrant rules
Sen. Ron Wyden, a Democrat from Oregon, was the most critical and asked Patel if the FBI would stop buying Americans’ location data. Patel did not commit to stopping, saying instead that the FBI “uses all tools … to do our mission.”
Wyden replied that buying Americans’ information without a court order is an outrageous end-run around the Fourth Amendment.
Wyden warned the practice is even more dangerous when combined with artificial intelligence that can analyze large amounts of personal data.
The Fourth Amendment is at the center of the issue because the U.S. Supreme Court ruled in 2018 that law enforcement usually needs a warrant to get location data from cellphone carriers.
By using data brokers, the FBI and other agencies can buy similar data on the open market instead of requesting it from telecom companies. TechCrunch reported that government agencies have increasingly skirted the normal warrant process this way.
Data brokers sit at the center of the dispute
The data often comes from everyday apps and games that collect location information and send it into the advertising and data-broker system.
Brokers get much of their information from phone apps and other tracking technologies. Real-time bidding in digital advertising can also reveal location and identifiable data that may later be sold.
Privacy advocates have been concerned for years because this setup creates a workaround. Agencies may not need a judge’s warrant if they can just buy the information.
Pressure builds for new surveillance limits
The confirmation arrives as lawmakers push new legislation to curb the practice.
TechCrunch reported that Wyden and other lawmakers recently introduced the Government Surveillance Reform Act, a bipartisan and bicameral bill that would require federal agencies to obtain a court-authorized warrant before buying Americans’ information from data brokers.
For now, the FBI’s stance is clear: it considers buying commercially available location data a legitimate investigative tool. However, Patel’s testimony has made the privacy concerns more urgent.
What used to be an abstract debate about data brokers is now a real question about whether Americans can be tracked by their own government without a judge’s approval.
