FBI Director Kash Patel admitted under oath at a Senate Intelligence Committee hearing on Wednesday that the agency purchases data, which can be used to track Americans.
The acknowledgement came after a question from Sen. Ron Wyden, a Democrat from Oregon. Wyden noted that in 2023, former FBI Director Christopher Wray testified that, to his knowledge, the FBI did not purchase commercial data that included location information from internet advertising at that time.
“Is that the case still, and if so, can you commit this morning to not buying Americans’ location data?” Wyden asked Patel.
Patel responded that the FBI uses “all tools to do our mission.” He added: “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 to be utilized with our private and partner sectors.”
After Patel’s admission on Wednesday, Wyden responded, “So you’re saying that the agency will buy Americans’ location data.”
Wyden argued that doing so without a warrant is an “outrageous” way around the Fourth Amendment and warned it’s especially risky as AI is used to analyze large amounts of personal data.
Wyden said this is why Congress should pass the Government Surveillance Reform Act. However, the admission also highlights a larger problem: anyone with access to the internet can obtain Americans’ sensitive information for the right price.
A representative for the FBI said that the agency had no further comment beyond Patel’s remarks.
The FBI’s admission that it purchased data highlights a new chapter in the ongoing debate over internet privacy. While websites and apps routinely collect personal information, buying data allows law enforcement to bypass traditional legal safeguards, such as obtaining a warrant, raising fresh questions about privacy in the digital age.
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