Confirmation by NSA
The National Security Agency (NSA) has admitted to purchasing Americans’ web browsing data from data brokers.
Importantly, they do this without obtaining warrants.
Senator’s Involvement
Senator Ron Wyden took action by blocking the appointment of Timothy Haugh as the NSA’s inbound director.
This move was a response to unanswered questions regarding the NSA’s collection of Americans’ location and internet data.
NSA Explanation
The current NSA Director, Paul Nakasone, confirmed the practice in a letter dated December 11.
He mentioned that the NSA acquires commercially available information for foreign intelligence, cybersecurity, and authorized missions.
Nakasone clarified that the NSA does not buy or use location data from phones or car telematics systems known to be used in the United States.
NSA Justification
The NSA argues that it uses this data sparingly, considering it valuable for national security and cybersecurity purposes.
They claim not to use location data from devices in the U.S.
Senator’s Opposition
Senator Wyden opposes this practice, deeming it unlawful.
He raises concerns about privacy violations and the potential identification of individuals seeking sensitive services.
Wyden’s Actions
Senator Wyden has urged the Director of National Intelligence, Avril Haines, to instruct intelligence agencies to stop buying Americans’ private data without consent.
Additionally, Wyden calls for a comprehensive inventory of purchased personal data.
Reference to FTC Settlement
Wyden refers to a recent Federal Trade Commission (FTC) settlement involving a data broker called X-Mode Social.
X-Mode was banned from selling location data due to concerns about tracking people’s visits to sensitive locations.
The FTC settlement accused X-Mode of not fully informing consumers about data usage and not obtaining informed consent for collecting and using location data.
Past Instances
The issue of federal agencies buying phone location data is not new. There were previous instances involving Customs and Border Protection in 2020 and Senator Wyden’s claims about the Defense Intelligence Agency and the Pentagon in the following year.