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government policy
Srsly Risky Biz: FBI Says Why Get a Warrant When You Have Kash
FBI Director Kash Patel disclosed during a Senate hearing that the Bureau is purchasing commercial data, including location information, to track Americans. Patel stated the purchases comply with the Constitution and Electronic Communications Privacy Act (ECPA) and have yielded intelligence value. This marks a shift from the FBI's prior position in 2023, when former Director Christopher Wray said the Bureau had limited use of such data through a pilot program.
Why it matters: Privacy advocates, civil liberties organizations, and Congress should monitor whether the FBI's commercial data purchases create a warrant-bypass mechanism that circumvents Fourth Amendment protections, particularly as the practice expands beyond local law enforcement.
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