According to a recently declassified report (pdf), U.S. government agencies are reportedly purchasing large quantities of sensitive data on American citizens from private sources. The Wall Street Journal reported that private data collection services have been gathering commercially available information (CAI) for years, which includes highly revealing data on millions of Americans. These data brokers have the ability to conduct surveillance on specific individuals for commercial purposes, similar to what federal agencies can do with proper authorization. In March, FBI Director Christopher Wray admitted to the Senate that his agency had purchased precise geolocation data from mobile phone services for tracking without a warrant.
The report, commissioned by Director of National Intelligence Avril Haines in January 2022, reveals that the federal government's acquisition of private data has provided valuable intelligence on unsuspecting citizens. The report emphasizes that commercially available information (CAI) now contains sensitive data on almost everyone, data that historically could only be obtained through targeted and authorized collection.
Since the 1970s, Congress has implemented safeguards to prevent secret surveillance of Americans by the U.S. intelligence community without judicial oversight. However, since 2001, the government has been increasingly willing to bypass these rules to gather information on U.S. citizens.
Commercially available information is generally considered "open source" material by intelligence and law enforcement agencies, allowing its collection without special authorization. Many individuals are unaware that privately collected data is being resold to authorities. Private data collection firms have expanded their scope from collecting basic personal data to gathering a wider range of information from smartphone apps, social media, car registrations, and location trackers. These firms claim that the data sold to the government is stripped of personal information before delivery. However, critics argue that GPS data from phones or cars can still reveal an individual's identity based on proximity to the user. Browsing behavior during regular internet use can also unveil personal information about a subject.
This report is the first known effort by the government to comprehensively review how federal agencies acquire, share, and use commercially available data without the knowledge of most Americans. It acknowledges the government's ability to single out individuals using commercial data and highlights the lack of regulation surrounding the collection of sensitive information by federal agencies.
The report identifies inconsistencies in how different intelligence community elements define and treat data obtained from commercial sources, with some agencies treating it as foreign-sourced to circumvent strict privacy protection laws. It recommends strengthening safeguards over the acquisition of personal data collected from these sources to prevent harm to individuals' reputation, emotional well-being, or physical safety.
Senator Ron Wyden believes that the report underscores the need for stronger oversight and transparency regarding government agencies' data purchases. He stated that if the government can bypass Fourth Amendment due process by purchasing data, there will be few limits on government surveillance. Wyden calls for legislation to clarify rules on government data purchases and regulate companies that collect and sell personal information to prevent its misuse by foreign entities.
The release of this report may lead to stricter oversight and regulation of government agencies' acquisition and use of commercially available data. It is the first comprehensive attempt to evaluate how federal agencies acquire, share, and utilize such data without the knowledge of most Americans.
The report acknowledges that the government has the capacity to target specific individuals using commercially available data and highlights the lack of attention given to the collection of sensitive information by federal agencies. It identifies inconsistencies in how different elements of the intelligence community define and handle data obtained from commercial sources, with some agencies attempting to classify it as foreign-sourced to bypass stringent privacy protection laws.
Furthermore, the report acknowledges that the acquisition of personal data from these sources can potentially harm an individual's reputation, emotional well-being, or physical safety. As a result, it urges the intelligence community to strengthen its safeguards and protocols surrounding the acquisition of such data.
Senator Ron Wyden, in response to the report, emphasizes the need for greater oversight and transparency in government agencies' data purchases. He argues that if the government can circumvent Fourth Amendment due process through data purchases, it opens the door to unchecked government surveillance. Wyden calls for legislative measures to establish clear rules regarding government data purchases and to regulate the activities of companies that collect and sell personal information to prevent its misuse by foreign actors.
Overall, the release of this report sheds light on the extent to which government agencies are relying on commercially available data and raises concerns about privacy, constitutional rights, and the potential for abuse of personal information. It is likely to fuel discussions and debates regarding the balance between national security and individual privacy, as well as the need for comprehensive regulations to protect citizens' data in an increasingly digital world
For years, 180Vault has been championing data privacy. It's crucial to take action to reclaim control of your data from big tech companies and the government. We urge you to reach out to your representatives and urge them to pass legislation that safeguards your data as your personal property. Take the power away from the people controlling you vote out the politicians who are not doing what is in your best interest.
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