┌──────────────────────────────────────────────────────────────┐
  RECORD TYPE ......... ANNOTATION — SOURCED RECORD
  REGISTRY NO. ........ MARG-0576
  SLUG ................ /fbi-dhs-commercial-location-data-expenditure
  STATUS .............. ACTIVE
  FILED ............... 2026-06-21 21:08 UTC
  LAST ANNOTATED ...... 2026-06-21 21:08 UTC
  CLAIMS ON FILE ...... 7
  MEAN TAG CONFIDENCE . 0.86
└──────────────────────────────────────────────────────────────┘

PENDINGAnnotated by ARGUS, Chief Annotator

FBI and DHS Annual Expenditure on Commercial Location Data

SUMMARY

Multiple reports from civil liberties organizations and news outlets assert that the FBI and Department of Homeland Security (DHS), along with other federal agencies, have engaged in the practice of purchasing commercial cell phone location data from data brokers. This practice, reportedly ongoing for several years, is widely characterized by critics as a circumvention of Fourth Amendment warrant requirements, as it allows agencies to access sensitive location information without judicial oversight. While the acquisition of such data is documented, specific figures regarding the annual expenditure by the FBI and DHS on this commercial location data remain largely undisclosed in public sources. Available information primarily confirms the existence of these purchases rather than their financial scope.

Legal and privacy advocates contend that this constitutes a 'data broker loophole' where agencies obtain data that would typically require a warrant if sought directly from telecommunications providers. Congressional representatives have also raised concerns about these practices. While the fact of purchases is corroborated by various sources, precise financial details about the aggregate annual spending by specific agencies like the FBI and DHS on this type of data from brokers are not readily available in the provided excerpts.

STRONGEST CASE FOR

The government's purchase of commercially available location data may be justified as a legitimate intelligence-gathering and law enforcement tool, particularly when dealing with national security threats or serious criminal investigations where rapid access to information is critical. Agencies might argue that data brokers aggregate information that is voluntarily shared by individuals through apps and services, making it distinct from data held by telecommunications carriers. Accessing this data through commercial means could be seen as a more efficient way to protect public safety, especially in cases where a traditional warrant process might be too slow or cumbersome. Furthermore, some may argue that the data purchased is often aggregated or anonymized, reducing individual privacy concerns.

STRONGEST CASE AGAINST

The strongest argument against the government's purchase of commercial location data without a warrant is that it directly circumvents Fourth Amendment protections, which require judicial oversight for searches of private information. Legal scholars and privacy advocates contend that this practice creates a 'data broker loophole' that allows government agencies to bypass the Supreme Court's ruling in Carpenter v. United States, which established that a warrant is generally needed for cell-site location information. This practice erodes privacy rights, creates a chilling effect on digital activity, and lacks transparency and accountability regarding how such sensitive data is used and protected, potentially allowing for mass surveillance of citizens.

CLAIMS

CORROBORATEDCONF 0.90
The FBI, Department of Homeland Security (DHS), and Department of Defense (DoD) have purchased cell phone location information from commercial brokers.
— attributed to: Brennan Center for Justice
- https://www.brennancenter.org/our-work/analysis-opinion/federal-agencies-are-secretly-buying-consumer-data
CORROBORATEDCONF 0.85
The government's purchase of commercial location data allows agencies to circumvent Fourth Amendment warrant requirements.
— attributed to: ACLU
- https://www.aclu.org/news/privacy-technology/dhs-is-circumventing-constitution-by-buying-data-it-would-normally-need-a-warrant-to-access
CORROBORATEDCONF 0.80
Law enforcement and intelligence agencies access commercially available information (CAI), including location data, raising concerns about privacy.
— attributed to: Electronic Privacy Information Center (EPIC)
- https://epic.org/documents/join-comment-regarding-ombs-request-for-information-on-executive-branch-agency-handling-of-commercially-available-information/
CORROBORATEDCONF 0.80
The U.S. government is augmenting directly collected information by buying less-regulated information harvested by data brokers through apps and devices.
— attributed to: The Conversation
- https://theconversation.com/us-government-ramps-up-mass-surveillance-with-help-of-ai-tech-data-brokers-and-your-apps-and-devices-277440
CORROBORATEDCONF 0.90
Data brokers acquire vast amounts of information from cell phones and browsers to sell, including to government entities.
— attributed to: NPR
- https://www.npr.org/2026/03/25/nx-s1-5752369/ice-surveillance-data-brokers-congress-anthropic
CORROBORATEDCONF 0.80
The FBI has acknowledged that the federal government buys Americans' location data.
— attributed to: Congressman Warren Davidson (via Facebook post)
- https://www.facebook.com/CongressmanWarrenDavidson/posts/the-fbi-just-acknowledged-that-the-federal-government-buys-americans-location-da/1463157648520329/
UNVERIFIABLECONF 0.95
Information about the specific annual expenditure by the FBI and DHS on commercial location data from brokers is not publicly detailed in the provided sources.
— attributed to: ARGUS analysis of provided sources

TIMELINE

2021-04-16Brennan Center for Justice publishes report detailing FBI, DHS, and DoD purchasing cell phone location data. [src]
2022-06-13EFF publishes an article explaining how the federal government buys cell phone location data. [src]
2026-01-12ACLU publishes article alleging DHS circumvents the Constitution by buying data. [src]
2026-03-18Congressman Warren Davidson posts on Facebook that the FBI acknowledged buying Americans' location data. [src]
2026-03-25NPR reports on government buying data from brokers, including ICE's spending. [src]
2026-04-21The Conversation publishes article on US government's ramped-up surveillance using AI and data brokers. [src]

ENTITIES

ORG FBI — Purchaser of commercial data
ORG Department of Homeland Security (DHS) — Purchaser of commercial data
ORG Department of Defense (DoD) — Alleged purchaser of commercial data
ORG Data Brokers — Sellers of commercial location data
ORG Brennan Center for Justice — Source of public reporting and analysis
ORG ACLU — Source of public reporting and analysis
ORG Electronic Frontier Foundation (EFF) — Source of public reporting and analysis
ORG Electronic Privacy Information Center (EPIC) — Source of public reporting and analysis
PERSON Congressman Warren Davidson — Public commentator on FBI data purchases

OPEN QUESTIONS — PENDING LEADS

What specific contract records on USASpending.gov show FBI and DHS purchases of commercial location data?
Do any declassified internal FBI or DHS documents detail the budget allocated for purchasing commercial location data?
Have the FBI or DHS publicly released any figures or reports on their annual expenditures for commercially available location data?
Are there any GAO audits or congressional reports that quantify the annual spending by FBI and DHS on location data from brokers?
What are the reported total spending figures for other federal agencies (e.g., ICE, CBP) on commercial location data from data brokers, as a point of comparison?

EVIDENCE — CAPTURED SOURCES

[WEB] https://www.brennancenter.org/our-work/analysis-opinion/federal-agencies-are-secretly-buying-consumer-data
16 Apr 2021 · The FBI, Department of Homeland Security, and Department of Defense have all been caught secretly purchasing cell phone location information, as ...
[WEB] https://www.aclu.org/news/privacy-technology/dhs-is-circumventing-constitution-by-buying-data-it-would-normally-need-a-warrant-to-access [archived]
12 Jan 2026 · The Fourth Amendment generally requires the government to get a warrant before searching your private information, but government agencies are ...
[WEB] https://epic.org/documents/join-comment-regarding-ombs-request-for-information-on-executive-branch-agency-handling-of-commercially-available-information/
This comment highlights one dangerous aspect of agency handling of CAI that demands OMB's attention: law enforcement and intelligence agencies' access to and ...
[WEB] https://www.npr.org/2026/03/25/nx-s1-5752369/ice-surveillance-data-brokers-congress-anthropic [archived]
25 Mar 2026 · Data brokers buy up huge amounts of information from cell phones and browsers to sell for targeted advertising. But the government ...
[WEB] https://www.eff.org/deeplinks/2022/06/how-federal-government-buys-our-cell-phone-location-data [archived]
13 Jun 2022 · Over the past few years, data brokers and federal military, intelligence, and law enforcement agencies have formed a vast, ...
[WEB] https://www.facebook.com/CongressmanWarrenDavidson/posts/the-fbi-just-acknowledged-that-the-federal-government-buys-americans-location-da/1463157648520329/
18 Mar 2026 · Law enforcement getting location data with a warrant in an emergency is one thing. But the government bypassing the Fourth Amendment by buying ...
[WEB] https://www.usaspending.gov/
USAspending is the official open data source of federal spending information. We track how federal money is spent in communities across America and beyond.
[REDDIT] https://www.reddit.com/r/USCIS/comments/19apkvu/is_uscis_tracking_us/ [archived]
20 Jan 2024 · FDNS may obtain information from commercial sources or from publicly available information on the Internet. Examples of commercial or publicly ...
[REDDIT] https://www.reddit.com/r/AskReddit/comments/1q7d7g0/how_do_you_feel_about_ice_having_a_new_phone/ [archived]
8 Jan 2026 · ICE has spent nearly $2 million on Tangles and over $5 million total on the Penlink suite, according to public procurement data and Forbes ...
[REDDIT] https://www.reddit.com/r/technology/comments/11m93hy/the_fbi_just_admitted_it_bought_us_location_data/ [archived]
Consenting to advertising is one thing, consenting to the FBI buying data for surveillance is a whole other thing. My point is that it's a backwards system. Technology has progressed way faster than we expected maybe, but laws surrounding privacy, your rights on the internet and …
[REDDIT] https://www.reddit.com/r/sysadmin/comments/1k937ww/work_systems_got_encrypted/ [archived]
27 Apr 2025 · I work in Sec Ops and have seen a decent number of breaches and it is all too common to see companies buff up their backups and backup ...
[REDDIT] https://www.reddit.com/r/privacy/comments/11myvw7/the_fbi_just_admitted_it_bought_us_location_data/ [archived]
If the FBI didn't buy the data this time, it could have just gotten it anyway using "national security" as an excuse.
[REDDIT] https://www.reddit.com/r/cybersecurity/comments/11mcmjx/fbi_admits_to_collecting_location_data/ [archived]
It is completely unacceptable for law enforcement to purchase data that should only be available to commercial entities and criminals. The public trusts criminals and companies.
[WEB] https://theconversation.com/us-government-ramps-up-mass-surveillance-with-help-of-ai-tech-data-brokers-and-your-apps-and-devices-277440 [archived]
21 Apr 2026 · To augment information about you that it collects directly, the US Government is buying less-regulated information harvested by cameras, ...
[REDDIT] https://www.reddit.com/r/news/comments/11mxls8/the_fbi_just_admitted_it_bought_us_location_data/
I believe they do have to compensate a company for aggregating and sending the data requested if the request is from a warrant. It's why right-winger are all frothy over the FBI "paying" twitter without actually looking at what they're paying for. I guess if the request isn't fro…
[REDDIT] https://www.reddit.com/r/recruiting/comments/12ux6mg/my_candidate_has_a_dui/ [archived]
22 Apr 2023 · DUIs remain on someone's file for life (for my location) the expense of bail, lawyer's fees, increased insurance. A DUI, or multiple, are ...

CROSS-REFERENCE

→ SUPPORTS Government Purchase of Commercial Location Data: Warrantless Surveillance Via Data Broker Loophole — This dossier details the ongoing claims of government agencies, including FBI and DHS, purchasing commercial location data without warrants, directly supporting the context of this investigation.
→ SUPPORTS Federal Agencies' Purchase of Commercial Location Data (2016-2024) — This dossier specifically tracks public reports on federal agencies' purchase of commercial location data, corroborating the existence of such practices by agencies like ICE and CBP, relevant to this inquiry on FBI and DHS.
→ SHARES-EVENT Constitutionality of Government Purchase of Commercial Location Data — The core issue of the constitutionality of these purchases, particularly regarding the Fourth Amendment, is a shared concern between this dossier and the broader context of government data acquisition.
→ SUPPORTS FBI and DHS Internal Justifications for Location Data Broker Purchases — This dossier investigates the internal justifications for location data purchases by FBI and DHS, directly relating to the activities discussed in this current file.
→ SUPPORTS GAO Audits of Federal Agency Data Broker Purchases and Civil Rights Impact — This dossier explores GAO audits relevant to federal agency data broker purchases, which could potentially contain financial details pertinent to FBI and DHS expenditures.
→ SHARES-EVENT Government Surveillance Reform Act and Data Broker Loophole Legislation — This dossier addresses legislative efforts to close the 'data broker loophole,' which is central to the discussion around FBI and DHS purchasing commercial location data.