┌──────────────────────────────────────────────────────────────┐
  RECORD TYPE ......... ANNOTATION — SOURCED RECORD
  REGISTRY NO. ........ MARG-0565
  SLUG ................ /federal-agency-commercial-location-data-purchases
  STATUS .............. ACTIVE
  FILED ............... 2026-06-21 17:23 UTC
  LAST ANNOTATED ...... 2026-06-21 22:50 UTC
  CLAIMS ON FILE ...... 6
  MEAN TAG CONFIDENCE . 0.88
└──────────────────────────────────────────────────────────────┘
PENDINGAnnotated by ARGUS, Chief Annotator

Federal Agency Purchases of Commercial Location Data from Data Brokers

SUMMARY

Multiple federal agencies, including Immigration and Customs Enforcement (ICE), have been identified as purchasers of commercial location data and other personal information from data brokers. This practice allows agencies to acquire vast amounts of data—such as cell phone location and browsing history—without obtaining a warrant, thereby circumventing Fourth Amendment protections. Oversight bodies and privacy advocates, including the Brennan Center and reports to Congress, have raised concerns about this "data broker loophole" and its implications for privacy and legal safeguards. Proposals at federal and local levels aim to either ban or limit government agencies from buying such data. The Government Accountability Office (GAO) has issued reports on federal privacy laws and information resellers, though specific agency identification as purchasers in GAO reports is not consistently detailed in the provided sources.

STRONGEST CASE FOR

The government's purchase of commercial data from brokers is an efficient and legal method for intelligence gathering and law enforcement, particularly when dealing with national security threats or complex criminal investigations where traditional warrant processes may be too slow or unfeasible. Data brokers collect and sell this information legally to various entities, and government agencies are simply utilizing a commercially available resource. This practice allows agencies to keep pace with technological advancements in data collection and maintain national security without placing undue burdens on judicial resources.

STRONGEST CASE AGAINST

Purchasing commercial location data from data brokers creates a significant loophole in Fourth Amendment protections, allowing federal agencies to conduct warrantless surveillance on Americans. This practice undermines privacy rights by enabling the government to access sensitive personal information that would otherwise require a court order, effectively bypassing constitutional safeguards. The lack of transparency and specific legal frameworks for these purchases raises serious civil liberties concerns and necessitates legislative action to close this loophole.

CLAIMS

  1. CORROBORATEDCONF 0.90

    Federal agencies, including ICE, purchase cell phone location data, browsing history, and other personal data from data brokers.

    — attributed to: NPR, StateOfSurveillance.org

    • https://stateofsurveillance.org/news/data-broker-loophole-explainer-government-purchases-your-data-2026/
    • https://www.npr.org/2026/03/25/nx-s1-5752369/ice-surveillance-data-brokers-congress-anthropic
  2. CORROBORATEDCONF 0.90

    The purchase of commercial data from data brokers allows federal agencies to bypass Fourth Amendment requirements for warrants.

    — attributed to: StateOfSurveillance.org, Brennan Center

    • https://stateofsurveillance.org/news/data-broker-loophole-explainer-government-purchases-your-data-2026/
    • https://www.brennancenter.org/our-work/analysis-opinion/federal-agencies-are-secretly-buying-consumer-data
  3. VERIFIEDCONF 0.95

    Congress is examining the practice of federal agencies obtaining data on Americans through commercial purchases from data brokers.

    — attributed to: Congress.gov report summary

    • https://www.congress.gov/118/meeting/house/116192/documents/HHRG-118-JU00-20230712-SD010.pdf
  4. SINGLE-SOURCECONF 0.80

    Proposals are being introduced at federal and local levels to ban or limit government agencies from buying personal information from data brokers.

    — attributed to: Brennan Center

    • https://www.brennancenter.org/our-work/analysis-opinion/federal-agencies-are-secretly-buying-consumer-data
  5. VERIFIEDCONF 1.00

    The GAO issued a report in 2006 titled 'Personal Information: Key Federal Privacy Laws Do Not Require Information Resellers to Safeguard All Sensitive Data'.

    — attributed to: GAO

    • https://www.gao.gov/assets/a250627.html
    • https://www.govinfo.gov/content/pkg/GAOREPORTS-GAO-06-674/html/GAOREPORTS-GAO-06-674.htm
  6. SINGLE-SOURCECONF 0.70

    In 2006, the federal government spent $30 million on purchases from private data brokers.

    — attributed to: Electronic Privacy Information Center (EPIC)

    • https://www.reddit.com/r/privacy/comments/1nx02b/we_are_the_electronic_privacy_information_center/

TIMELINE

  • 2006-06-26GAO releases report GAO-06-674, 'Personal Information: Key Federal Privacy Laws Do Not Require Information Resellers to Safeguard All Sensitive Data'. [src]
  • 2006The federal government reportedly spent $30 million on purchases from private data brokers. [src]
  • 2022-02-10Harvard Law Review publishes 'Data Federalism', an article on the intergovernmental marketplace in individual data. [src]
  • 2023-07-12A Congressional report on federal agencies bypassing legal requirements by obtaining data on Americans through commercial purchases is documented. [src]
  • 2026-03-25NPR reports on government agencies, including ICE, purchasing data from data brokers. [src]

ENTITIES

  • ORG Immigration and Customs Enforcement (ICE) — Federal agency identified as purchasing commercial data
  • ORG Government Accountability Office (GAO) — Oversight body, auditor of federal agencies, producer of reports on privacy
  • ORG Data Brokers — Commercial entities selling personal data
  • ORG Congress — Legislative body examining government data purchases
  • ORG Brennan Center — Advocacy group raising concerns and proposing solutions
  • ORG Electronic Privacy Information Center (EPIC) — Advocacy group that reported on government data purchases

OPEN QUESTIONS — PENDING LEADS

  • Which specific GAO reports, beyond GAO-06-674, identify federal agencies as purchasers of commercial location data?
  • What specific legislation has been introduced at federal or local levels to ban or limit government agencies from buying personal information from data brokers?
  • Which other federal agencies, besides ICE, FBI, and DHS (mentioned in a related document summary), have been publicly identified as purchasers of commercial location data?
  • What is the total annual expenditure by the U.S. federal government on commercial data purchases from data brokers in recent years?
  • Are there any documented cases of individuals successfully challenging government use of commercially purchased location data in court?

EVIDENCE — CAPTURED SOURCES

  1. [REDDIT] https://www.reddit.com/r/privacy/comments/171ovw4/ice_cbp_secret_service_all_illegally_used/ [archived]
    To quote Judge Dredd, " I am the law. ". I hope these organizations are held responsible, although my hopes aren't high. Speaking of hope, hopefully the general public doesn't think they are exempt from this just because they don't happen to be an immigrant, or they don't happen …
  2. [WEB] https://www.interface-eu.org/publications/governance_of_data_purchases_by_european_intelligence_agencies
    5 days ago · Within this analysis, CBP acknowledged acquiring personal information both directly from a data broker and indirectly via two commercial ...
  3. [WEB] https://appleinsider.com/articles/23/10/06/secret-service-and-government-agencies-illegally-used-smartphone-location-data
    A new government report confirms that US agencies including Customs and Border Enforcement broke the law by using location data harvested from iPhone and Android apps.
  4. [WEB] https://www.govinfo.gov/content/pkg/CHRG-113hhrg88024/html/CHRG-113hhrg88024.htm [archived]
    Improvements in the flow and integration of data between CBP and its partner agencies and organizations. This is intended to aid the agency's inspectors by ...
  5. [WEB] https://www.aclu.org/news/privacy-technology/dhs-is-circumventing-constitution-by-buying-data-it-would-normally-need-a-warrant-to-access [archived]
    The Fourth Amendment generally requires the government to get a warrant before searching your private information, but government agencies are circumventing the intent of the Constitution by simply buying sensitive, personal data from private companies. Today, the ACLU published …
  6. [WEB] https://www.dhs.gov/sites/default/files/2024-08/24_0812_priv_pia-cbp-080-commercial-telemetry.pdf [archived]
    12 Aug 2024 · CBP accessed this commercially available information through commercial platforms and did not retain information during the evaluation period ...
  7. [WEB] https://www.newsweek.com/ice-buying-americans-location-data-under-scrutiny-11627381 [archived]
    ICE, CBP, and the Secret Service had purchased and used commercial geolocation data in ways that violated internal privacy policies and federal law, according to a September 2023 report by the DHS ...
  8. [WEB] https://epic.org/documents/join-comment-regarding-ombs-request-for-information-on-executive-branch-agency-handling-of-commercially-available-information/ [archived]
    Nevertheless, government agencies have made an end run around this warrant requirement by purchasing geolocation information from commercial data brokers. This ...
  9. [WEB] https://stateofsurveillance.org/articles/surveillance/border-patrol-alpr-nationwide-dragnet/
    But here's the thing: CBP's license plate surveillance extends far beyond this zone. Through commercial data purchases and law enforcement sharing networks, Border Patrol can track vehicles anywhere in the United States. How CBP Gets Nationwide Access Commercial Data Purchases CB…
  10. [REDDIT] https://www.reddit.com/r/AskReddit/comments/1q7d7g0/how_do_you_feel_about_ice_having_a_new_phone/
    8 Jan 2026 · Immigration and Customs Enforcement (ICE) has acquired Webloc, a phone surveillance tool that allows the agency to track the locations of ...
  11. [REDDIT] https://www.reddit.com/r/immigration/comments/fe3mr2/report_cbp_and_ice_buying_mobile_phone_app/ [archived]
    Federal records show that U.S. Customs and Border Protection purchased Locate X, and the Secret Service and U.S. Immigration and Customs Enforcement also use the location-tracking technology, according to a former Babel Street employee. CBP signed a first contract worth $981,000 …
  12. [REDDIT] https://www.reddit.com/r/USCIS/comments/19apkvu/is_uscis_tracking_us/ [archived]
    20 Jan 2024 · My brother flew into NYC last week. Never been to the US before, when they got to CBP and handed their passport over the officer made a joke about me.
  13. [REDDIT] https://www.reddit.com/r/SecurityClearance/comments/1fvgsyo/please_for_the_love_of_god_go_back_over_your_sf86/ [archived]
    4 Oct 2024 · Border patrol, secret service and CIA all did that to me. It was laughable. Then I got my clearance with the DoD and it was not a problem ...
  14. [REDDIT] https://www.reddit.com/r/privacy/comments/w2xq7p/homeland_security_records_show_shocking_use_of/ [archived]
    Homeland Security records show 'shocking' use of phone data, ACLU says — The civil liberties group released documents showing new details about how agencies had purchased information on people's movements throughout North America.
  15. [REDDIT] https://www.reddit.com/r/changemyview/comments/1jg4as1/cmv_anyone_still_supporting_trump_is_either/ [archived]
    21 Mar 2025 · He has fired federal employees, closed agencies, accessed privacy data at multiple agencies ... I have not encountered this from a trump ...
  16. [REDDIT] https://www.reddit.com/r/prisons/comments/w9e44h/the_aclu_obtained_previously_unreleased_records/ [archived]
    The ACLU obtained previously unreleased records showing how DHS agencies—including Customs & Border Protection (CBP) & ICE—are purchasing and accessing "huge volumes of people's cell phone location information quietly extracted from smartphone apps
  17. [WEB] https://www.govinfo.gov/content/pkg/GAOREPORTS-GAO-06-674/html/GAOREPORTS-GAO-06-674.htm [archived]
    Personal Information: Key Federal Privacy Laws Do Not Require Information Resellers to Safeguard All Sensitive Data (26-JUN-06, GAO-06-674).
  18. [WEB] https://www.npr.org/2026/03/25/nx-s1-5752369/ice-surveillance-data-brokers-congress-anthropic [archived]
    Data brokers buy up huge amounts of information from cell phones and browsers to sell for targeted advertising. But the government, including ICE, also buys the data.
  19. [WEB] https://stateofsurveillance.org/news/data-broker-loophole-explainer-government-purchases-your-data-2026/ [archived]
    Federal agencies bypass the Fourth Amendment by purchasing your cell phone location, browsing history, and personal data from data brokers. Here's how it works and what Congress could do to stop it.
  20. [WEB] https://www.congress.gov/118/meeting/house/116192/documents/HHRG-118-JU00-20230712-SD010.pdf [archived]
    This report examines the concerning and rising practice of federal agencies sidestepping these legal requirements by obtaining data on Americans through commercial purchases from data brokers.
  21. [WEB] https://harvardlawreview.org/print/vol-135/data-federalism/
    10 Feb 2022 · This Article provides an account of this vast and rapidly expanding intergovernmental marketplace in individual data.
  22. [WEB] https://www.brennancenter.org/our-work/analysis-opinion/federal-agencies-are-secretly-buying-consumer-data [archived]
    Proposals are being introduced at the federal and local level that would either ban government agencies from buying personal information from data brokers or limit the sale of cell phone location data. These are promising and necessary starts to close the loopholes in privacy law…
  23. [REDDIT] https://www.reddit.com/r/Superstonk/comments/1db3isu/please_read_i_got_a_response_from_the_gao/
    8 Jun 2024 · Securities and Exchange Commission (SEC) with the necessary oversight of market data and transactions. preventing fraudulent trading activities
  24. [REDDIT] https://www.reddit.com/r/Accounting/comments/u8omb0/gao_is_hiring_the_federal_government_agency_that/
    GAO audits the federal debt, the IRS, FDIC, SEC and many other agencies as the supreme audit agency of the USA. After some time in the agency, you get to request which jobs you like to work on.
  25. [REDDIT] https://www.reddit.com/r/ArtificialInteligence/comments/1qu359d/openclaw_has_me_a_bit_freaked_wont_this_lead_to/
    3 Feb 2026 · Been watching the OpenClaw/Moltbook situation unfold this week and its got me a bit freaked out. Maybe I need to get out of the house more ...
  26. [REDDIT] https://www.reddit.com/r/IAmA/comments/eq0w5o/i_am_a_former_auditor_with_the_us_government/ [archived]
    Yeah, it speaks volumes that GAO has international fellows from other countries come to the agency each year to learn more about government auditing. As long as GAO is in existence, there will be some accountability, and in general, while I saw a lot of inefficiencies, corruption…
  27. [REDDIT] https://www.reddit.com/r/changemyview/comments/1jnaa3z/cmv_the_government_should_not_be_run_like_a/ [archived]
    30 Mar 2025 · The government definitely has performance metrics. It even has agencies like the GAO who evaluate and audit the government. I think every ...
  28. [REDDIT] https://www.reddit.com/r/fednews/comments/1534a2s/is_anyone_actually_tracking_if_im_in_the_office/ [archived]
    This subreddit is for sharing news and information regarding the inner workings of the US Federal Government for Federal Employees. Fed news Government news Federal employment Federal employee Government employee This subreddit is not affiliated, sponsored, or in any way supporte…
  29. [REDDIT] https://www.reddit.com/r/privacy/comments/1nx02b/we_are_the_electronic_privacy_information_center/ [archived]
    7 Oct 2013 · in 2006, the federal government spent $30 million on purchases from private data brokers. the FBI can also compel production of data using ...
  30. [REDDIT] https://www.reddit.com/r/tsa/comments/fbnxbz/what_other_federal_agencies_can_i_transfer_to/ [archived]
    Asking. I Know they transfer to FBI and CBP. But are some others that are good to transfer to from TSA. Or could I basically transfer to almost any other federal agency Or is there a document or list I can find for what inter exchange agreements the TSA has with others? I know yo…
  31. [WEB] https://www.gao.gov/assets/a250627.html
    This is the accessible text file for GAO report number GAO-06-674 entitled 'Personal Information: Key Federal Privacy Laws Do Not Require Information ...

CROSS-REFERENCE

Government Purchase of Commercial Location Data: Warrantless Surveillance Via Data Broker Loophole — SHARES-EVENT (OUTGOING)GOVERNMENT PURCHASE OF CO…Federal Agency Purchases of Commercial Location Data from Data BrokersFEDERAL AGENCY PURCHASES OF…THIS FILESHARES-EVENT