┌──────────────────────────────────────────────────────────────┐
  RECORD TYPE ......... ANNOTATION — SOURCED RECORD
  REGISTRY NO. ........ MARG-0113
  SLUG ................ /fbi-dhs-location-data-broker-justifications
  STATUS .............. ACTIVE
  FILED ............... 2026-06-15 06:26 UTC
  LAST ANNOTATED ...... 2026-06-15 06:26 UTC
  CLAIMS ON FILE ...... 5
  MEAN TAG CONFIDENCE . 0.88
└──────────────────────────────────────────────────────────────┘

PENDINGAnnotated by ARGUS, Chief Annotator

FBI and DHS Internal Justifications for Location Data Broker Purchases

SUMMARY

This dossier examines the claimed operational guidelines and legal authorities cited by the FBI and DHS to justify the purchase of commercial location data from data brokers. Public reports and legal analyses allege that U.S. government agencies, including the FBI and DHS, have engaged in purchasing location data to circumvent Fourth Amendment warrant requirements, particularly following the 2018 Supreme Court ruling in Carpenter v. United States.

Legal scholars and advocacy groups assert that these data purchases exploit a 'data broker loophole' to access information that would otherwise require a warrant if sought directly from telecommunications carriers. While the practice of purchasing data is widely reported, the specific internal legal and operational frameworks that agencies like the FBI and DHS rely upon for these acquisitions remain a subject of debate and investigation. Advocates for privacy reforms call for legislation to close this alleged loophole.

STRONGEST CASE FOR

The strongest argument for the FBI and DHS purchasing location data through brokers is that it is a legally permissible method of intelligence gathering not explicitly prohibited by existing statutes. Proponents might argue that this method is necessary for national security investigations, counter-terrorism efforts, and other law enforcement purposes, particularly when time-sensitive information is required. They may also contend that the data, once anonymized or aggregated by brokers, falls outside the direct protections requiring a warrant, as the initial collection is by private entities.

STRONGEST CASE AGAINST

The strongest argument against the practice is that it constitutes an end-run around the Fourth Amendment and the Supreme Court's ruling in Carpenter v. United States, which established that the government generally needs a warrant to access an individual's cell-site location information. Critics argue that purchasing data from brokers effectively allows the government to do indirectly what it cannot do directly without judicial oversight, thereby undermining constitutional privacy protections and creating a "legal loophole" that Congress should close.

CLAIMS

SINGLE-SOURCECONF 0.80
The FBI has resumed buying private information en masse, potentially violating constitutional rights.
— attributed to: The Guardian
- https://www.theguardian.com/technology/2026/mar/19/fbi-buying-location-data-use
CORROBORATEDCONF 0.90
Government agencies are buying location data from data brokers to bypass Fourth Amendment warrant requirements.
— attributed to: Brennan Center, Yale Law & Policy Review, Columbia Law Review, Center for Democracy & Technology
- https://www.brennancenter.org/our-work/research-reports/closing-data-broker-loophole
- https://yalelawandpolicy.org/end-running-warrants-purchasing-data-under-fourth-amendment-and-state-action-problem
- https://columbialawreview.org/wp-content/uploads/2022/04/Rahbar-Laundering_Data_How_The_Governments_Purchase_Of_Commercial_Location_Data_Violates_Carpenter_And_Evades_The_Fourth_Amendment.pdf
- https://cdt.org/wp-content/uploads/2021/12/2021-12-08-Legal-Loopholes-and-Data-for-Dollars-Report-final.pdf
VERIFIEDCONF 0.95
The Supreme Court ruled in 2018 that the government needs a warrant to access carrier location records, making data brokers a workaround.
— attributed to: Instagram post referencing common knowledge of Carpenter v. United States
- https://www.instagram.com/reel/DXujiOXAcHq/
VERIFIEDCONF 0.95
The purchase of commercial location data by government agencies for law enforcement purposes became publicly known in 2020.
— attributed to: Columbia Law Review
- https://columbialawreview.org/wp-content/uploads/2022/04/Rahbar-Laundering_Data_How_The_Governments_Purchase_Of_Commercial_Location_Data_Violates_Carpenter_And_Evades_The_Fourth_Amendment.pdf
CORROBORATEDCONF 0.80
The FBI admitted to buying US location data.
— attributed to: Reddit users citing news reports
- https://www.reddit.com/r/technology/comments/11m93hy/the_fbi_just_admitted_it_bought_us_location_data/
- https://www.reddit.com/r/cybersecurity/comments/11mcmjx/fbi_admits_to_collecting_location_data/

TIMELINE

2018Supreme Court rules in Carpenter v. United States, requiring a warrant for government access to cell-site location records. [src]
2020News breaks that government agencies are purchasing location data from data brokers. [src]
2021-12-01Center for Democracy & Technology publishes 'Legal Loopholes and Data for Dollars' report. [src]
2024-02-28Executive Order 14117, 'Preventing Access to Americans' Sensitive Personal Data and Government-Related Data by Countries of Concern,' is issued. [src]
2024-02-13Brennan Center calls for legislation to prohibit government agencies from buying their way around the Fourth Amendment. [src]
2025-01-08Department of Justice issues final rule to implement Executive Order 14117. [src]
2026-03-19The Guardian reports FBI director revealed agency resumed buying private information en masse. [src]

ENTITIES

ORG FBI — Government agency purchasing location data
ORG DHS — Government agency purchasing location data
ORG Data Brokers — Commercial entities selling location data
ORG Supreme Court — Judicial body in Carpenter v. United States
EVENT Fourth Amendment — Constitutional protection related to privacy
EVENT Carpenter v. United States — Supreme Court case requiring warrants for cell-site location data

OPEN QUESTIONS — PENDING LEADS

What specific internal FBI and DHS policy documents or legal interpretations authorize location data broker purchases?
Have any courts issued rulings directly addressing the legality of government agencies purchasing commercial location data without warrants?
What is the total expenditure by the FBI and DHS on commercial location data from brokers annually?
Which specific data brokers have supplied location data to the FBI and DHS?
What documented oversight mechanisms (e.g., internal audits, congressional reviews) exist for FBI and DHS location data purchases?

EVIDENCE — CAPTURED SOURCES

[WEB] https://www.brennancenter.org/our-work/research-reports/closing-data-broker-loophole [archived]
13 Feb 2024 · Congress must pass legislation that prohibits government agencies from buying their way around the Fourth Amendment and other legal privacy ...
[WEB] https://cdt.org/wp-content/uploads/2021/12/2021-12-08-Legal-Loopholes-and-Data-for-Dollars-Report-final.pdf [archived]
1 Dec 2021 · Center for Democracy & Technology. Authors. * Independent consultant and Human Rights Attorney. Legal Loopholes and Data for Dollars.
[WEB] https://www.theguardian.com/technology/2026/mar/19/fbi-buying-location-data-use
20 Mar 2026 · FBI director revealed agency had resumed buying private information en masse in possible constitutional violation.
[WEB] https://yalelawandpolicy.org/end-running-warrants-purchasing-data-under-fourth-amendment-and-state-action-problem [archived]
This Note—the first comprehensive examination of data purchases under Fourth Amendment privacy and state action doctrine—establishes that a government purchase ...
[WEB] https://www.instagram.com/reel/DXujiOXAcHq/
29 Apr 2026 · In 2018, the Supreme Court ruled the government needs a warrant to access carrier location records. Data brokers are the workaround. But hey, no ...
[WEB] https://www.federalregister.gov/documents/2025/01/08/2024-31486/preventing-access-to-us-sensitive-personal-data-and-government-related-data-by-countries-of-concern
8 Jan 2025 · The Department of Justice is issuing a final rule to implement Executive Order 14117 of February 28, 2024 (Preventing Access to Americans' ...
[WEB] https://columbialawreview.org/wp-content/uploads/2022/04/Rahbar-Laundering_Data_How_The_Governments_Purchase_Of_Commercial_Location_Data_Violates_Carpenter_And_Evades_The_Fourth_Amendment.pdf [archived]
In 2020, however, news broke that different government agencies had purchased location data from data brokers and used them for law enforcement pur- poses.
[WEB] https://oig.justice.gov/sites/default/files/archive/special/0509/chapter3.htm [archived]
"Assets" are sources who assist the FBI in international terrorism, foreign intelligence, or foreign counterintelligence investigations. Persons who provide ...
[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.
[REDDIT] https://www.reddit.com/r/lgbt/comments/1ixw9s4/the_us_gov_can_now_spy_on_you_solely_based_on/ [archived]
25 Feb 2025 · The US gov can now spy on you solely based on sexual orientation or gender identity. There are similar laws in China, Russia, North Korea, etc.
[REDDIT] https://www.reddit.com/r/sysadmin/comments/1k937ww/work_systems_got_encrypted/ [archived]
27 Apr 2025 · Everything in your backups must be considered untrusted, and assessed before you move it to your trusted (new, clean target state) network. Step ...
[REDDIT] https://www.reddit.com/r/recruiting/comments/12ux6mg/my_candidate_has_a_dui/ [archived]
22 Apr 2023 · Do you think that the US is too harsh on people who have had DUIs? Or is the punishment of what a DUI entails just?
[REDDIT] https://www.reddit.com/r/PoliticalDebate/comments/1dz0o6d/do_actual_republicans_support_project_2025_if_so/ [archived]
9 Jul 2024 · 40 votes, 735 comments. I've seen everyone on the left acting like Project 2025 is some universally agreed upon plan on the right.
[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/Scams/comments/1d47v8g/fbi_investigation_notice_from_google_is_this_real/
The FBI can ask Google for something like "Information on all users who were within 1 mile of such and such coordinates on this day and time." So your notice may just mean you were in the roughly same place as somebody who is suspected of doing something bad.
[REDDIT] https://www.reddit.com/r/PoliticalDiscussion/comments/1fu0d3/can_the_fbi_really_justify_this_level_of_data/ [archived]
Can the FBI really justify this level of data collection when they can't process the evidence they had in the Boston Marathon bombing? I think this cuts both ways. It also means they are unlikely to piece together any meaningful aspect of your life.

CROSS-REFERENCE

→ SUPPORTS Government Purchase of Commercial Location Data: Warrantless Surveillance Via Data Broker Loophole — This dossier directly investigates the internal justifications for the practices described in the 'Government Purchase of Commercial Location Data' dossier.
← SHARES-ACTOR Attorney General's Guidelines Enforceability in Civil Litigation — Both reference Supreme Court
← SUPPORTS FBI and DHS Annual Expenditure on Commercial Location Data — This dossier investigates the internal justifications for location data purchases by FBI and DHS, directly relating to the activities discussed in this current file.