Admission came during questioning at Senate intelligence committee worldwide threats hearing

The Federal Bureau of Investigation has started buying location data on Americans, Kash Patel, FBI director, said under oath at the Senate intelligence committee worldwide threats hearing on Wednesday.

Patel’s admission came in response to a question from the senator Ron Wyden, an Oregon Democrat who is a longtime opponent of the warrantless surveillance of Americans. Wyden told Patel that his predecessor, Christopher Wray, testified in 2023 that the FBI did not at that time purchase location data derived from internet advertising, although he acknowledged that it had done so in the past.

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    4 days ago

    “So you’re saying that the agency will buy Americans’ location data,” Wyden said. “…doing that without a warrant is an outrageous end run around the fourth amendment. It’s particularly dangerous given the use of artificial intelligence to comb through massive amounts of private information.

    “This is exhibit A for why Congress needs to pass our bipartisan, bicameral bill, the Government Surveillance Reform act,” Wyden said, referring to legislation he is working to pass to rein in surveillance.

    While law enforcement must get a judge-authorized search warrant to obtain location data directly from telecom companies, government agencies have instead been able to buy such information from private data brokers.

    I think Wyden is right, it does sound like an end run around the fourth amendment.

    If the FBI (and probably other TLAs, domestic and foreign) are willing to do this now, why would a statute addressing the practice stop them?