A central part of the standoff between Anthropic and the Department of Defense has revolved around the artificial intelligence firm's refusal to allow its technology to be used for mass domestic surveillance. Yet even without the cooperation of AI firms, remarks this week from Kash Patel, FBI director, show how authorities are by any reasonable measure already operating a system that can surveil citizens at scale. On Wednesday, Patel confirmed to a Senate intelligence committee hearing that the FBI is actively buying commercially available data on Americans. Patel's answer, which was under oath, was in response to a question from senator Ron Wyden on whether the agency was purchasing location data on citizens, as it had previously admitted to doing in 2023. Patel's admission underscores how the government is able to conduct mass surveillance despite its assurances to abide by lawful use of AI and fourth amendment protections against unreasonable searches, which prohibit the warrantless collection of individuals' location histories. Through contracting a network of data brokers that amass information from apps, web browsers and other online sources, federal authorities have been able to access information that it would otherwise need a warrant to obtain. Buying such information, usually en masse, can circumvent this requirement, leading many privacy advocates to label the practice unconstitutional.