NSA Admits Buying Your Internet Browsing Data without Warrants

The U.S. National Security Agency (NSA) has acknowledged buying internet browsing records from data brokers, a revelation disclosed by U.S. Senator Ron Wyden. In a letter to the Director of National Intelligence (DNI), Avril Haines, Senator Wyden expressed concern about the U.S. government funding and legitimizing an industry that exhibits blatant violations of Americans’ privacy, which he deems not only unethical but also illegal.

Highlighting the potential risks, Wyden emphasized that metadata related to users’ browsing habits could compromise privacy by revealing personal details based on the websites frequented. This information could include websites providing resources for mental health, support for survivors of sexual assault or domestic abuse, and telehealth providers focused on services such as birth control or abortion medication.

NSA Admits Buying Your Internet Browsing Data Without Warrants

In response to Senator Wyden’s inquiries, the NSA assured that it has implemented compliance regimes and takes measures to minimize the collection of U.S. personal information. The agency claimed to acquire only the most relevant data under its mission requirements. However, it explicitly stated that it does not purchase or utilize location data from phones in the U.S. without a court order, and it refrains from using location information obtained from automobile telematics systems within the country.

The disclosure adds to the growing evidence that intelligence and law enforcement agencies are obtaining potentially sensitive data from companies without obtaining the necessary court orders. In a similar revelation in early 2021, the Defense Intelligence Agency (DIA) purchased and utilized domestic location data from smartphones through commercial data brokers.

The issue of warrantless procurement of personal data comes in the aftermath of the Federal Trade Commission (FTC) taking action against companies like Outlogic (formerly X-Mode Social) and InMarket Media for selling precise location information without users’ informed consent. Outlogic is now prohibited from collecting location data that could be used to track visits to sensitive locations.

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Senator Wyden emphasized the existence of a legal grey area surrounding the purchase of sensitive data from these “shady companies.” Companies frequently withhold information from consumers regarding the parties with whom they share their data. The lack of transparency extends to third-party apps using software development kits (SDKs) from these data brokers and ad-tech vendors. The sale and sharing of location data, whether for advertising or national security purposes, do not adequately inform users.

Senator Wyden’s concerns shed light on the need for increased transparency and accountability in the data brokerage industry. As the government’s involvement in acquiring such data without explicit consent raises ethical and legal questions. There is also a need to ensure that intelligence agencies only procure data obtained through lawful means.