Pentagon’s Unwarranted Purchase of Americans’ Data Concealed from Public

United States officials have been concealing details of arrangements between US spy agencies and private companies that track the whereabouts of Americans using their cellphones. Normally, obtaining location data from US phones requires a warrant, but police and intelligence agencies have been paying companies for the data, effectively bypassing the courts. The Pentagon agreed to release details about the data purchases after Senator Ron Wyden hindered the Senate’s efforts to appoint a new director of the National Security Agency. Wyden’s office has been investigating sales of location data to the government for years and has found multiple ties between the Department of Defense and “shady companies” committing “flagrant violations” of people’s privacy. The companies’ practices are not only unethical but also illegal, according to Wyden.

The disclosure comes at a time when there is a fight in the US House of Representatives over efforts to outlaw these purchases. Last month, the House Judiciary Committee attached legislation known as the Fourth Amendment Is Not For Sale Act to a bill reauthorizing the surveillance program Section 702. However, the vote was called off at the last minute after Biden administration officials and members of the intelligence committee campaigned against the privacy-enhancing measures. Intelligence officials held separate meetings with representatives and their aides to discourage support for the legislation, claiming that new warrant requirements would be burdensome for law enforcement. The debate around home surveillance has largely focused on Section 702, which is set to expire in under four months.

Two rival bills, the Protect Liberty Act and the FISA Reform and Reauthorization Act, aim to reauthorize Section 702. However, they differ significantly in how this is accomplished. The Protect Liberty Act, which supports surveillance warrants, could receive a vote as early as next month. It includes provisions that would ban the government from buying data to evade warrant requirements. However, there is uncertainty as to whether House Speaker Mike Johnson will allow a vote due to pressure from the intelligence system. Senator Wyden believes that there is misinformation being spread about surveillance reform and that some surveillance supporters are afraid they won’t win an honest debate.

In conclusion, US officials have been hiding details of arrangements between spy agencies and private companies that track Americans’ whereabouts using their cellphones. These arrangements bypass the need for warrants to obtain location data. Senator Wyden has been investigating these sales for years and has found ties between the Department of Defense and companies committing privacy violations. Efforts to outlaw these purchases have faced opposition from the Biden administration and members of the intelligence committee. Two rival bills aim to reauthorize the surveillance program Section 702, but they differ in their approach. The Protect Liberty Act, which supports surveillance warrants, could receive a vote next month, but there is uncertainty surrounding this due to pressure from the intelligence system.

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