The U.S. Supreme Court has required law enforcement to get a warrant to obtain people’s location data from cell phone providers since 2018. That sounds straightforward, until you learn there is a parallel market: data brokers who collect and sell the same kinds of personal information directly.

Lawmakers push for a warrant rule

Many members of Congress want federal agencies to be required to get a warrant before buying Americans’ personal information from those brokers. On March 13, Sens. Ron Wyden, a Democrat from Oregon, and Mike Lee, a Republican from Utah, introduced the Government Surveillance Reform Act. The bill would make federal law enforcement and intelligence agencies get a warrant to purchase personal data.

“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,” Wyden said during a Wednesday hearing.

House companion and the split in Congress

The measure has a companion in the House, introduced by Rep. Zoe Lofgren, a Democrat from California, and Rep. Warren Davidson, a Republican from Ohio. So this is not purely partisan; some people on both sides want tighter rules around buying data.

Defense and law enforcement respond

Not everyone at the hearing agreed that buying commercially available data is a problem. Committee Chair Tom Cotton, a Republican from Arkansas, defended the practice. He argued that if anyone can buy the data, the FBI should be allowed to buy it too, especially when it helps them find dangerous criminals.

Defense Intelligence Agency Director James Adams also told senators that his agency purchases commercially available information.

What this means

  • The Supreme Court rule covers location data obtained from phone companies, but does not bar purchases from data brokers.
  • Legislation proposed by Wyden and Lee would require warrants for federal purchases of Americans’ personal data.
  • Support and opposition cross party lines: some lawmakers want stricter protections, while some officials say buying commercially available data is a useful tool for investigations.

The debate is about where privacy stops and public safety begins, and whether existing rules need an update to keep pace with how easily personal information can be collected and analyzed.