But it was Patel’s response to questions from Oregon Democrat Senator Ron Wyden that is being questioned the most in privacy and security circles.
“In 2023, your predecessor 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 it still like this? And if so, can you commit to not buying US location data this morning?” Wyden asked.
Patel responded that “The FBI uses all tools at its disposal to accomplish its mission, Senator, thank you for the question.”
Patel further said, “We purchase commercially available information that is consistent with the laws under the Constitution and the Electronic Communications Privacy Act.” “And it has yielded some valuable intelligence to use with our private and partner sectors.”
Wyden seemed to be expecting this answer, replying, “So you’re saying the agency will buy Americans’ location data? I believe that’s what you said in intelligence language.” Wyden further said that collecting this kind of location data on Americans is “a blatant disregard for the Fourth Amendment.”
“It is especially dangerous, given the use of artificial intelligence, to mine 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 concluded.
Wyden has been a longtime supporter of privacy rights in the Senate and is clearly signaling to the American public that our rights are being violated. It is technically legal for the federal government to purchase location data, including sensitive data of US citizens, from third-party brokers, even without a warrant.
And while his predecessor Christopher Wray tried to claim that the Feds weren’t buying location data, Patel isn’t afraid to admit that his agency is doing just that. Or, at least that’s how one could interpret Wyden’s style of questioning and his subsequent response. Wyden will often try to raise issues that he cannot talk about more openly given their sensitive and classified nature.
Wyden’s mention of artificial intelligence is certainly no coincidence. The US Department of Defense has listed Anthropic as a supply chain risk because it has refused to remove guardrails that prevent its AI model cloud from being used for large-scale domestic surveillance. Wyden spoke out against that designation and seems to be preparing the public in part by hinting that this third-party data being purchased by the FBI could be fed to AI for analysis.
Wyden told Gizmodo earlier this month about the dangers of AI when paired with third-party location data: “I’ve been warning for nearly a decade that data available for purchase from companies is just as sensitive as data the government collects directly. Creating AI profiles of Americans based on that data represents a frightening expansion of mass surveillance that should not be allowed, no matter what the existing, outdated laws on the books say.”
And that last part is tricky. It is perfectly legal for Patel and other Trump associates to hide this data as they wish. Without a major change in government, it is likely to remain this way.
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