The Federal Bureau of Investigation has started buying location data on Americans, FBI director Kash Patel said under oath at the Senate intelligence committee worldwide threats hearing on Wednesday.

Patel’s admission came in response to a question from the senator Ron Wyden, an Oregon Democrat who is a longtime opponent of the warrantless surveillance of Americans. Wyden told Patel that his predecessor, Christopher Wray, testified in 2023 that the FBI did not at that time purchase location data derived from internet advertising, although he acknowledged that it had done so in the past.

“Is that the case still?” Wyden asked. “And if so, can you commit this morning to not buying Americans’ location data?”

“We do purchase commercially available information that’s consistent with the constitution and the laws under the Electronic Communications Privacy Act, and it has led to some valuable intelligence for us,” Patel responded.

“So you’re saying that the agency will buy Americans’ location data,” Wyden said. “I believe that that’s what you’ve said in kind of intelligence lingo. And I just want to say as we start this debate, doing that without a warrant is an outrageous end run around the fourth amendment. It’s particularly dangerous given the use of artificial intelligence to comb through massive amounts of private information.”

“This is exhibit A for why Congress needs to pass our bipartisan, bicameral bill, the Government Surveillance Reform act,” Wyden said, referring to legislation he is working to pass to rein in surveillance.

While law enforcement must get a judge-authorized search warrant to obtain location data directly from telecom companies, government agencies have instead been able to purchase such information from private data brokers.

Wyden’s questioning of Patel on this issue was amplified on social media by Warren Davidson, a House Republican who introduced a House bill mirroring Wyden’s Senate measure with the Democratic representative Zoe Lofgren.

“This is a clear violation of the fourth amendment and is why I introduced the Government Surveillance Reform act,” Davidson observed, “to close the data broker loophole that allows intelligence agencies to buy Americans’ private data.”

The fourth amendment to the United States constitution defines the “right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures” and specifies that “no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized”.