Government Agencies Acquire Data Without Warrants
Federal agencies, including ICE, purchase bulk data about Americans, raising privacy concerns. Advocates call for reform as Congress considers FISA reauthorization.
The U.S. government, including agencies such as Immigration and Customs Enforcement (ICE), is purchasing bulk commercial data about American citizens without warrants. This data, which is collected by data brokers from various electronic sources, including cell phone apps and web browsers, is often used for targeted advertising but can also be sold to law enforcement and federal agencies.
Privacy advocates are urging Congress to address this issue as the reauthorization of Section 702 of the Foreign Intelligence Surveillance Act (FISA) approaches, with the current provisions set to expire on April 20. They argue that this presents a crucial opportunity to close the loophole that permits government surveillance without a warrant.
Under changes made to the law in 2015, federal agencies are prohibited from collecting data on U.S. citizens in bulk. However, some agencies have found a workaround by purchasing this data from brokers rather than obtaining it through traditional warrant processes. Recently, around 130 civil society organizations signed a letter advocating for the inclusion of measures to close this data broker loophole in the FISA reauthorization.
During a recent Senate hearing, Senator Ron Wyden questioned FBI Director Kash Patel about the agency's acquisition of Americans' location data, which is typically sourced from cell phones. Patel refrained from committing to cease such purchases, stating that the FBI utilizes all available tools and that their data purchases are compliant with the Constitution and relevant laws.
While location data from brokers is generally anonymized, experts highlight that advanced tools exist that can track a device's movements and activities, raising concerns about privacy infringements. Dario Amodei, CEO of AI company Anthropic, warned that such data could be exploited by AI to create detailed profiles of individuals.
In addition to the FBI, ICE has also engaged in contracts for tools that utilize cell phone location information acquired from brokers. These actions come as ICE enhances its surveillance efforts, not only targeting immigrants but also monitoring individuals who document federal activities and protests.
Earlier this year, ICE indicated interest in acquiring commercial big data technologies for investigations, and last year, it entered a contract with Penlink for tracking mobile phone movements. A spokesperson for Penlink assured compliance with privacy laws, stating they filter out sensitive locations from the data provided.
Privacy advocates warn that the government’s acquisition of data without warrants contributes to an expanding surveillance infrastructure. They assert that the imminent FISA reauthorization debate is a prime opportunity to close the data broker loophole and protect civil liberties.
Rep. Warren Davidson (R-Ohio) and Senator Mike Lee (R-Utah) are collaborating with Democratic representatives to propose bipartisan FISA reform legislation aimed at addressing this loophole. However, achieving reform faces challenges, as the White House and some congressional leaders advocate for a straightforward reauthorization without changes.
As the debate unfolds, privacy advocates stress the importance of protecting Americans' rights against unwarranted surveillance, highlighting the need for legislative action to prevent misuse of data broker information.