Senator Ron Wyden, a Democrat from Oregon, has raised concerns that the National Security Agency (NSA) is purchasing internet browsing data of American citizens from commercial data brokers without obtaining a warrant. Wyden is urging intelligence officials to halt the unauthorized use of personal data.
In a letter dated December 11, 2023, Wyden revealed the NSA’s admission of this practice. He had previously stalled the appointment of incoming NSA Director Timothy Haugh until the agency addressed inquiries regarding the collection of internet and location data.
NSA Director Paul Nakasone acknowledged the data purchases in a response to Wyden, indicating that the collected data “may include information associated with electronic devices being used outside — and, in certain cases, inside — the United States.” Nakasone described the data as “commercially available information,” noting that the acquisitions are restricted and do not include location data from phones known to be used in the U.S., nor do they involve location data from vehicles within the country, as reported by the Washington Examiner.
Wyden argues that these records can reveal which websites Americans visit and which apps they use, and that this practice violates Federal Trade Commission (FTC) standards. He expressed his concerns in a letter to Director of National Intelligence Avril Haines, stating, “The U.S. government should not be funding and legitimizing a shady industry whose flagrant violations of Americans’ privacy are not just unethical, but illegal.”
He requested that the intelligence community (IC) adopt a policy where data about Americans can only be purchased if it meets the legal data sales standard set by the FTC.
After a nearly three-year effort to disclose the NSA’s purchase of Americans’ internet records, Wyden achieved public confirmation of this practice, which came following his hold on Haugh’s nomination as NSA director, according to the Washington Examiner.
The Washington Examiner noted that web-browsing records can reveal private information about individuals, including visits to websites related to mental health, sexual assault or domestic abuse survivor resources, or telehealth providers specializing in birth control or abortion medication.
Wyden, a senior member of the Senate Intelligence Committee, has exposed how various federal agencies have bought and searched Americans’ private records, such as location and internet data, without a warrant. This practice essentially bypasses the Fourth Amendment protections, using government funds to circumvent legal requirements.
Wyden highlighted the legal ambiguity that previously surrounded the data broker industry and the intelligence community’s data purchases, criticizing the lack of disclosure and informed consent from app developers and advertising companies to users.
He urged the DNI to direct intelligence agencies to cease purchasing Americans’ private data acquired unlawfully, in violation of recent FTC guidelines. Wyden also requested that intelligence agencies conduct an inventory of personal data purchases, assess compliance with FTC standards, and promptly purge data that does not meet these legal standards.
