FBI confirms it has resumed purchasing Americans' location data

The Federal Bureau of Investigation (FBI) has resumed purchasing location data and other records on Americans to assist with federal investigations. FBI Director Kash Patel confirmed the practice on Wednesday during testimony to lawmakers. This marks the first time since 2023 that the agency has acknowledged buying access to people’s data from commercial data brokers, who collect information from ordinary consumer phone apps and games, as reported by Politico. At the time, former FBI Director Christopher Wray told senators that the agency had purchased access to location data in the past but was not actively doing so. Patel defended the current purchases, stating that the agency uses all tools to do its mission.

“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,” testified Patel. The Electronic Communications Privacy Act is a US law governing the privacy of electronic communications.

The disclosure drew sharp criticism from U.S. Senator Ron Wyden, who characterized buying information on Americans without obtaining a warrant as an outrageous end-run around the Fourth Amendment. The Fourth Amendment is the US constitutional protection against unreasonable searches and seizures. Traditionally, federal agencies must convince a judge to authorize a search warrant based on evidence of a crime before demanding private information from a tech or phone company. However, the FBI maintains that it does not need a warrant to use commercially purchased information for federal investigations.

Other federal entities have engaged in similar data purchases. For example, U.S. Customs and Border Protection purchased a tranche of data sourced from real-time bidding (RTB) services, according to a document obtained by media outlet 404 Media. RTB is an automated auction process for digital advertising. Surveillance firms can observe this RTB process, gather information about a user’s location, and then potentially sell that data to brokers or federal agencies looking to circumvent the warrant process. To address these practices, Wyden and other lawmakers introduced the Government Surveillance Reform Act last week. The proposed legislation would require a court-authorized warrant before federal agencies can buy Americans’ information from data brokers.

Why it matters

The FBI’s confirmation highlights a growing tension between federal surveillance practices and constitutional privacy protections, as agencies increasingly use commercial data to bypass traditional warrant requirements.