FBI Director Admits Warrantless Purchase of Americans' Phone Location Data — Congress Needs to Close This Dangerous Loophole Now

Our phones know everything about us — from where we grab coffee to who we date and where we worship. Yet the government is quietly buying this intimate data without bothering to get a warrant. FBI Director Kash Patel recently confirmed that federal agencies are purchasing location and movement data from third-party brokers, sidestepping the Fourth Amendment’s protections against unreasonable searches.

This loophole exists because outdated laws have failed to keep up with technology. While law enforcement must get a warrant to access your phone’s location directly, they can simply pay data brokers for the same information — no judicial oversight required. Imagine the police handing your landlord cash to enter your home without a warrant and then claiming they didn’t break the law.

The consequences are chilling. This kind of warrantless surveillance disproportionately targets already overpoliced communities and chills free speech. In 2016, the ACLU found that law enforcement bought location data to track protestors. In 2020, the Pentagon purchased data from Muslim prayer and dating apps to monitor Muslim communities. After the reversal of Roe v. Wade, fears grew that police could buy location data to prosecute people seeking reproductive care. And in 2023, watchdog groups warned that law enforcement might use digital data to enforce anti-transgender laws.

Federal agencies including the Department of Defense, Customs and Border Protection, ICE, and the FBI have all exploited this loophole to collect data on millions of Americans. The rise of artificial intelligence only makes this more dangerous. The Pentagon recently severed ties with AI firm Anthropic after it refused to remove protections against mass domestic surveillance.

Congress has a rare chance to act. Section 702 of the Foreign Intelligence Surveillance Act (FISA), a key surveillance authority, is up for renewal. Lawmakers from both parties support closing this loophole to protect constitutional rights and stop illegal spying.

The Fourth Amendment exists to protect us from exactly this kind of warrantless government intrusion. It’s time Congress updated the law to reflect 21st-century technology and ensure that our phones — and our lives — remain private. The government should not be able to buy its way into your personal data without a warrant.