FBI Director Kash Patel Admits Under Oath the Bureau Is Buying Location Data on Americans
Disclosure reverses previous FBI testimony that the practice had been discontinued
The exchange occurred during the Senate Intelligence Committee's annual worldwide threats hearing. Senator Wyden, a longtime opponent of warrantless surveillance, pressed Patel on whether the FBI was purchasing location data derived from internet advertising — a practice that effectively allows law enforcement to track Americans' movements without obtaining a warrant.
Former FBI Director Christopher Wray had testified in 2023 that the FBI was not purchasing such data at that time, though he acknowledged the bureau had done so previously. Patel's admission means the practice has been revived under the current administration.
The data in question comes from the digital advertising ecosystem. When apps request location permissions, that data flows through advertising exchanges where it can be purchased by data brokers — and subsequently by government agencies. Privacy advocates have long argued this constitutes a Fourth Amendment end-run.
Two turnkey tools for purchasing this data are readily available on the commercial market, making it accessible to virtually any government agency with a budget.
Analysis
Why This Matters
The FBI purchasing location data without warrants represents one of the most significant privacy concerns in American law enforcement. The advertising data pipeline gives the government access to the movements of millions of Americans without any judicial oversight.
Background
The Supreme Court ruled in Carpenter v. United States (2018) that the government generally needs a warrant to access cell-site location data. However, commercially purchased advertising data has been treated as a loophole since it is technically sold on the open market.
Key Perspectives
Senator Wyden has introduced legislation multiple times to close this loophole, but it has never passed. The admission from Patel may renew momentum for reform, though the current Senate composition makes passage uncertain.
What to Watch
This testimony could trigger renewed legislative efforts to ban warrantless data purchases by government agencies. It may also face legal challenges from civil liberties organisations.