Federal News
FBI Purchases Location Data Without Warrants
March 22, 2026
The FBI has resumed purchasing commercially available location and behavioral data from private data brokers to track Americans without obtaining warrants, a practice confirmed by FBI Director Kash Patel. This procurement bypasses traditional legal oversight tied to telecom providers and raises significant Fourth Amendment and privacy concerns. Congressional lawmakers, including Senators Ron Wyden and Tom Cotton, have introduced bipartisan legislation aimed at prohibiting warrantless data purchases and increasing transparency and oversight of such acquisitions. The Defense Intelligence Agency also participates in similar data purchases. This development highlights tensions between law enforcement's operational needs and constitutional privacy protections, with implications for procurement professionals managing contracts involving data brokers and surveillance technologies.
- Agencies like the FBI and DIA are actively procuring commercially available location data from data brokers, indicating ongoing demand for such data services.
- Legislative efforts may soon impose new compliance requirements or restrictions on warrantless data acquisitions, affecting contract terms and procurement strategies.
- Contractors providing location data or surveillance software should anticipate increased scrutiny and potential regulatory changes impacting data sourcing and usage.
- Procurement officials should evaluate the legal and ethical considerations of data broker contracts and prepare for possible shifts in federal data acquisition policies.
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.
— Ron Wyden, Senator
The keywords are commercially available — if any other person can buy it and the FBI can buy it, and it helps them locate a depraved child molester or savage cartel leader, I would certainly hope the FBI is doing anything they can to keep Americans safe.
— Tom Cotton, Senator
In 2023, your predecessor [Christopher Wray] testified that, and I quote, To my knowledge, we do not currently purchase commercial database information that includes location data derived from internet advertising. Is that the case still? And if so, can you commit this morning to not buying Americans location data?
— Senator Ron Wyden
Agencies
Federal Bureau of Investigation, Defense Intelligence Agency, United States Senate, Department of Homeland Security, Department of Justice
Vendors
Data brokers, Penlink, Vectaury
Locations
Sources
- Privacy advocates sound alarm on ‘data broker loophole’ used by FBI, other federal agencies | FedScoop · FedScoop · Mar 20
- Oh, Good, Kash Patel’s FBI is Buying Location Data to Track Americans · Yahoo · Mar 20
- Why Is the FBI Buying Americans’ Location Data? · BetaNews · Mar 20
- The FBI is buying location data on Americans, here's what it means · MSN · Mar 22
- The FBI Buys Data to Track Movement, Location History | Security Magazine · Security Magazine · Mar 20