U.S. Federal Agencies Expand Warrantless Commercial Surveillance and Location Data Purchases
The Department of Homeland Security and the FBI are expanding use of commercially available surveillance and data-tracking capabilities, prompting renewed scrutiny over privacy, civil liberties, and oversight. DHS is reportedly preparing to spend hundreds of millions of dollars on surveillance technology in 2026, including a $1 billion blanket purchase agreement with Palantir and additional investments in AI-enabled monitoring, mobile tracking, and tools from vendors such as Cellebrite and Paragon Solutions. Advocacy groups and lawmakers have warned that these programs broaden the government’s ability to scan faces, track cell phone activity, and monitor both immigrants and U.S. citizens while governance mechanisms fail to keep pace.
The FBI separately confirmed it has resumed buying Americans’ location and other commercially available data from brokers, reviving a practice the bureau had previously said it was not actively pursuing. Director Kash Patel told lawmakers the agency uses purchased data in ways it says are consistent with the Constitution and the Electronic Communications Privacy Act, while Sen. Ron Wyden characterized the practice as a warrantless workaround to Fourth Amendment protections. Reporting on DHS also indicates declining transparency, with Privacy Impact Assessment filings falling sharply and the department’s inspector general accusing the agency of obstructing audits tied to biometric data management and immigration enforcement, reinforcing concerns that federal surveillance capabilities are growing faster than meaningful oversight.
Timeline
Mar 18, 2026
Sen. Wyden criticizes FBI data purchases as warrantless surveillance
Following Patel's testimony, Senator Ron Wyden condemned the FBI's purchase of brokered location data as a workaround to Fourth Amendment protections, while the FBI said the practice is lawful under the Constitution and ECPA.
Mar 18, 2026
FBI director confirms bureau resumed buying commercial data
FBI Director Kash Patel testified that the bureau has resumed purchasing commercially available data, including Americans' location information, for federal investigations. The disclosure marked the first public confirmation since 2023 that the FBI was again buying data from brokers.
Jan 1, 2026
DHS inspector general accuses agency of obstructing audits
DHS's inspector general accused the agency of obstructing audits related to biometric data management and immigration enforcement, adding to concerns about inadequate oversight of surveillance programs.
Jan 1, 2026
DHS files no Privacy Impact Assessments this year amid expansion
As DHS surveillance capabilities expanded, critics noted that Privacy Impact Assessment filings had dropped sharply and that none had been filed in 2026, raising oversight concerns.
Jan 1, 2026
DHS plans major 2026 surveillance technology spending
The Department of Homeland Security prepared to spend hundreds of millions of dollars on surveillance technology in 2026, including a $1 billion blanket purchase agreement with Palantir and additional investments in AI-enabled surveillance and mobile tracking tools.
Jan 1, 2026
Lawmakers introduce Government Surveillance Reform Act
Members of Congress introduced the Government Surveillance Reform Act to require government agencies to obtain warrants before purchasing Americans' data from brokers.
Jan 1, 2023
FBI stopped buying Americans' location data after 2023 disclosures
The FBI had not publicly confirmed any continued purchases of commercially available location data since 2023, indicating the practice had been halted or paused following earlier scrutiny.
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