WASHINGTON, DC — FBI Director Kash Patel told lawmakers Wednesday that the agency purchases commercially available location data on Americans, confirming the practice during a Senate Intelligence Committee hearing on global threats. The admission came in response to questioning from Sen. Ron Wyden (D-OR), who has long opposed warrantless surveillance.
Patel stated the FBI obtains “commercially available information” consistent with existing laws, including the Electronic Communications Privacy Act, and said the data has produced “valuable intelligence.” Wyden argued the practice effectively allows agencies to bypass warrant requirements that would otherwise apply when obtaining location data directly from telecommunications companies.
Federal law generally requires a judge-approved warrant for such data, but agencies have relied on purchases from third-party data brokers, creating what critics describe as a legal loophole. Wyden called the practice “an outrageous end run around the fourth amendment,” warning it becomes more concerning as artificial intelligence enables large-scale analysis of personal data.
The issue has drawn bipartisan attention, with Rep. Warren Davidson (R-OH) backing legislation alongside Wyden and Rep. Zoe Lofgren (D-CA) aimed at restricting the government’s ability to acquire such data without warrants.
The Fourth Amendment protects against unreasonable searches and seizures, forming the basis of the ongoing debate over digital privacy and surveillance limits.
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