The United States Federal Bureau of Investigation has acknowledged for the first time that it purchased US location data rather than obtaining a warrant. The disclosure came today during a US Senate hearing. Senator Ron Wyden ... put the question of the bureau's use of commercial data to its director, Christopher Wray: "Does the FBI purchase US phone-geolocation information?" Wray said his agency was not currently doing so. "To my knowledge, we do not currently purchase commercial database information that includes location data derived from internet advertising," Wray said. "I understand that we previouslyas in the past"purchased some such information for a specific national security pilot project. But that's not been active for some time." In its landmark Carpenter v. United States decision, the Supreme Court held that government agencies accessing historical location data without a warrant were violating the Fourth Amendment's guarantee against unreasonable searches. The decision left open a glaring loophole that allows the government to simply purchase whatever it cannot otherwise legally obtain. US Customs and Border Protection (CBP) and the Defense Intelligence Agency are among the list of federal agencies known to have taken advantage of this loophole. The Department of Homeland Security ... purchased the geolocations of millions of Americans from private marketing firms. The data were derived from ... benign sources, such as mobile games and weather apps.
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