[HN Gopher] FBI is buying location data to track US citizens, di...
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       FBI is buying location data to track US citizens, director confirms
        
       Author : jbegley
       Score  : 280 points
       Date   : 2026-03-18 20:09 UTC (2 hours ago)
        
 (HTM) web link (techcrunch.com)
 (TXT) w3m dump (techcrunch.com)
        
       | givemeethekeys wrote:
       | That's the job of the FBI - to investigate domestic crimes. But,
       | why do private organizations so willingly participate in the
       | tracking ecosystem? I suppose they're in the, "you have nothing
       | to worry about if you're not doing anything illegal" camp!
       | Hopefully they understand that they have the most to lose.
        
         | wmf wrote:
         | It's just business. Buy (your data) for a dollar, sell for two.
         | It's all legal and the data brokers are mostly unknown or
         | already-hated companies so I'd say they have nothing to lose.
        
           | anonymars wrote:
           | I wonder if we can still buy burner phones for cash at Mondo
           | Mart
        
             | SoftTalker wrote:
             | You can buy almost anything for cash.
        
               | helterskelter wrote:
               | Hell, I can get you a toe by three o'clock this afternoon
               | -- with nailpolish.
        
               | skirmish wrote:
               | Your German girlfriend will not be happy about it. Give
               | her "halbe Pfannkuchen"!
        
             | observationist wrote:
             | Differential identification means you can be singled out
             | based on profiles. Even if you don't have any accounts, big
             | tech companies still have shadow profiles, and those shadow
             | profiles can be linked to your offline identity, such that
             | everything you've done that's been recorded, and everything
             | you've done in (temporal, physical, or digital) proximity
             | to other people who do have accounts results in a record of
             | activities.
             | 
             | Sure, you can get a burner, but you have to make sure you
             | never use it anywhere near anyone you know, that the sim is
             | obtained anonymously, that you're never imaged by any of
             | the ubiquitous cameras, etc. Merely having it powered on
             | provides enough metadata to establish a shadow profile, and
             | it's nearly impossible for a person to secure two separate
             | identities. There's also the superman problem - the burner
             | phone would only ever appear when anonymars is missing, and
             | vice versa, creating a real and exploitable pattern if
             | anyone like the FBI wanted to root around in your life. All
             | they'd have to do is query which shadow profiles match the
             | temporal gaps correlated with your disappearance from
             | tracking.
             | 
             | There's really no escaping it. The only fix is legislation
             | - outright banning mass surveillance, with lethal corporate
             | penalties and long prison terms for C-Suite responsible for
             | violations. Short of that, we live in a world that is
             | implicitly compromised and insecure unless you have nation
             | state level resources.
        
               | anigbrowl wrote:
               | _There 's also the superman problem - the burner phone
               | would only ever appear when anonymars is missing, and
               | vice versa, creating a real and exploitable pattern if
               | anyone like the FBI wanted to root around in your life.
               | All they'd have to do is query which shadow profiles
               | match the temporal gaps correlated with your
               | disappearance from tracking._
               | 
               | This is nonsense. By your logic, people go 'missing' any
               | time they are not using a computer, whether they're
               | reading a book, in the shower, or asleep in bed.
        
             | triceratops wrote:
             | I can't tell if these _The Wire_ references are deliberate
             | or a coincidence.
        
               | wmf wrote:
               | No doubt.
        
             | pnw wrote:
             | You can buy eSIMs that aren't linked to your identity at
             | https://www.phreeli.com/
        
         | renewiltord wrote:
         | Believe it or not, not everyone is a prison abolitionist and
         | some think that if you kill someone you should go to prison so
         | you can't go kill another person.
         | 
         | I know. It's strange. I don't agree with them. Generally, I
         | think unless a judge and jury reliably witnessed a crime with
         | their own eyes they shouldn't convict and that prison is an
         | evil place to dispossess the poor of what little dignity they
         | have left after online advertising has raped their senses and
         | datacenters have stolen their water (and don't forget the
         | atrocities in Gaza) but some other people have these views.
         | 
         | EDIT: why are you downvoting me, guys? I agree with you.
         | Rittenhouse, Zimmerman et al. were good precedents. Trump's
         | presidential pardons are another thing that keeps free humans
         | with dignity from prison but he hasn't gone far enough.
         | Regardless, his actions for Jan 6 protestors is one of the best
         | actions for us to free people. These are all good things, even
         | if they are incomplete and therefore imperfect.
        
           | rendx wrote:
           | How Legal Punishment Affects Crime: An Integrated
           | Understanding of the Law's Punitive Behavioral Mechanisms
           | (2025)
           | 
           | "This article explains what these 13 potential effects of
           | punishment are and how they have been theorized. It further
           | reviews the body of available empirical evidence for each of
           | these mechanisms."
           | 
           | https://news.ycombinator.com/item?id=47266997
        
           | staplers wrote:
           | Am all for it if law enforcement were held to the same
           | standards. Plenty of cases where LE murder is simply not
           | enforced. Thus LE becomes a haven for those seeking impunity
           | and ability to nefariously track anyone.
        
         | whatshisface wrote:
         | If something is bad when it's done illegally, it's worse when
         | it's done legally, and even worse than that when it's done
         | dutifully.
        
         | mhurron wrote:
         | No it is not the job of the FBI to to conduct mass surveillance
         | of citizens.
        
           | saltyoldman wrote:
           | What if an investigation is based on finding the same
           | specific people near another specific person that they're
           | tracking, but they only know about the one person, not the
           | others.
           | 
           | And by doing this they stop a terror attack?
           | 
           | One more thought - if they buy just data for specific people
           | related to an investigation, the seller of the data is tipped
           | off. If they just buy all the data, then there is no
           | potential tip-off to the target.
        
             | themafia wrote:
             | You get a "geofence warrant." They exist and are
             | ubiquitous. You then go to Google or any other provider and
             | you demand the data for a specific location in a specific
             | time window. You then use the data to capture criminals.
             | Any other data would not meet the standards of evidence and
             | probably couldn't be used in court anyways. It's only
             | function is for "parallel construction."
             | 
             | Then again, what I _really_ want is for the FBI to
             | _prevent_ crime. If their only solution is to let crime
             | happen and then use a giant dragnet to put people in jail
             | then they are less than worthless... they are actively
             | dangerous to democracy.
        
             | anigbrowl wrote:
             | They can get a warrant.
             | 
             |  _And by doing this they stop a terror attack?_
             | 
             | Fuck off. This is just trying to manipulate people with
             | fear of undefined bad thing.
        
         | SoftTalker wrote:
         | It's also not new. The FBI has kept dossiers on people of
         | interest and people in positions of power since it was founded.
         | Easier now of course, which is a concern.
        
         | thephyber wrote:
         | For profit organizations are legally required to maximize
         | shareholder value. Many of them will abuse the spirit of the
         | law in order to squeeze profits where others won't.
         | 
         | The FBI is violating the spirit and original intent of the 4A
         | by creating an entire industry out of the "3rd party doctrine"
         | bypass to the 4A. That doctrine was whole cloth created by
         | SCOTUS and Congress has been too happy to avoid credit or blame
         | for it to not enshrine it in statute.
        
           | Finnucane wrote:
           | >For profit organizations are legally required to maximize
           | shareholder value.
           | 
           | No:
           | 
           | https://www.nytimes.com/roomfordebate/2015/04/16/what-are-
           | co...
        
         | delfinom wrote:
         | Lemme give you an example.
         | 
         | Many retail sites have a "find a nearby" store function. They
         | often outsource this to a third party...for something as silly
         | as geolocation and geographical lookups. This third party is
         | the one that offers its services for a discount but also
         | siphons up your location data to sell.
        
       | shevy-java wrote:
       | They hate us for our freedom.
       | 
       | Also, isn't this breaking the constitution? It bypasses needing a
       | warrant respectively having a objective suspicion.
        
         | zer00eyz wrote:
         | > Also, isn't this breaking the constitution? It bypasses
         | needing a warrant respectively having a objective suspicion.
         | 
         | Nope.
         | 
         | Your personal information, when given to others, is now trash
         | on the curb (in a literal sense, see:
         | https://en.wikipedia.org/wiki/California_v._Greenwood )
         | 
         | Buying it just clears up the chain of custody as opposed to the
         | NSA stealing it and reverse engineering your warrant -- OR --
         | using the good ole stingray.
        
         | baggachipz wrote:
         | > Also, isn't this breaking the constitution?
         | 
         | I don't think that's been of much concern as of late.
        
       | josefritzishere wrote:
       | A generation ago our leaders derided China (and Russia) for this
       | kind of pervasive spying on it's citizens. In the US we did the
       | same thing just increasing costs by enriching the private sector
       | on the way. That's not better. That's worse.
        
         | hombre_fatal wrote:
         | Kinda reminds me of when I saw footage online of a group of
         | teens raiding a 7/11 store -- maybe during the BLM riots --,
         | and a top comment was "heh, come try that in Texas ;)".
         | Fantasizing, of course, that Texas has a unique bulwark against
         | that behavior, probably having to do with gun ownership.
         | 
         | And then it turns out the video took place in Dallas.
         | 
         | We like to think there are all these barriers to bad things
         | happening where we live. "I'm sure someone (not me) would stop
         | that." But it turns out there isn't as much bulwark as we
         | think. Or we're the bulwark, so if it isn't us, then there is
         | nobody else.
        
           | RickJWagner wrote:
           | It's that sort of behavior-- groups of perpetrators
           | committing crimes-- that allow people to justify enhanced
           | surveillance tactics.
           | 
           | I think in years past people would have objected to sale of
           | personal location data. But that was before people had videos
           | of groups of lawbreakers overwhelming laws through organized
           | efforts.
        
             | triceratops wrote:
             | > groups of lawbreakers overwhelming laws through organized
             | efforts
             | 
             | You're saying organized crime is new? Or videos of it?
        
         | quentindanjou wrote:
         | I still remember people asking, "why people in [China], don't
         | protest more actively against it?" as if they would do much
         | better, some others arguing that it was in their "culture" not
         | to protest, as if it would be in the US, they would do anything
         | different: we now have our answer.
        
       | nomel wrote:
       | The supreme court had a 5-4 decision related to this [1]. Was
       | there something specific, in that decision, that leaves a
       | loophole open?
       | 
       | [1] https://www.supremecourt.gov/opinions/17pdf/16-402_h315.pdf
        
         | 46493168 wrote:
         | The Trump admin has found a neat loophole where they ignore the
         | supreme court when they don't like what the ruling is
        
           | nomel wrote:
           | The three letter agencies have a long history of ignoring the
           | constitution, long before the Trump administration, going
           | back to their inception, including as recent as the Biden
           | administration [1].
           | 
           | [1] https://ij.org/press-release/fbi-caught-trying-to-sweep-
           | its-...
           | 
           | edit: downvoters, is this not true? this is a _historic_
           | problem with the _agencies_. This doesn 't mean it's not
           | _also_ a problem with _this administration_. Two things can
           | be true at once. I like pancakes and waffles.
        
             | jfengel wrote:
             | This administration has also expressed an interest in using
             | that information to persecute citizens.
             | 
             | Every administration needs to deal with the conflict of
             | protection versus privacy. They all do things that privacy
             | advocates wish they didn't.
             | 
             | But not since the early 70s has one been so explicit that
             | it wants to use the justice system to punish their enemies,
             | without even the pretense of a criminal charge.
             | 
             | So I think you're being downvoted over the perception of
             | both-sidesism.
        
         | shimman wrote:
         | Yeah, the loophole is always "national security" and SCOTUS
         | doesn't enforce the law.
        
         | mogwire wrote:
         | > Carpenter v. United States (2018) was a landmark Supreme
         | Court case that held the government generally needs a warrant
         | to access historical cell-site location information (CSLI) from
         | cell phone carriers, as its acquisition constitutes a Fourth
         | Amendment search
         | 
         | This is very different from buying your data from a company
         | especially when the user consented to their location being
         | tracked.
         | 
         | Too many people in these threads jumping to anti-Trump when the
         | real issue is how quick we are to give up our our privacy to
         | use technology and then quickly turn to shock in anger when
         | it's used against us.
        
           | ranger_danger wrote:
           | Why is it different though? Who gets to say so?
           | 
           | If the SCOTUS case merely said "needs a warrant to access
           | historical data"... it didn't say "only if acquired via
           | specific means" (like a subpoena), right?
        
           | Dezvous wrote:
           | > This is very different from buying your data from a company
           | especially when the user consented to their location being
           | tracked.
           | 
           | No, it's not 'very different'. When you sign a cellular
           | contract you consent to all sorts of tracking and data
           | collection, but it still requires a warrant for government to
           | obtain.
        
             | lazide wrote:
             | You don't actually consent (per-se) in most cases. Hence
             | the warrant.
             | 
             | If you consented, no warrant would be required.
        
             | adi_kurian wrote:
             | Is it materialy different than a landline (in the rights
             | signed away, not the data emitted/captured)?
        
       | rootusrootus wrote:
       | Perhaps we could overturn the third party doctrine. With
       | legislation, preferably. And while we are at it, solve the
       | underlying issue of pervasive data collection and sharing in the
       | first place.
        
         | jmbuilds wrote:
         | Another angle I think worth attention is product developers
         | should build tools / platforms that don't even touch user data
         | and be open about that so consumers can choose those more. I
         | believe people will choose privacy when given the choice more
         | often if the product is just as good or better.
        
       | FL4TLiN3 wrote:
       | Who's selling the data is the far more serious issue here. Behind
       | this is a remarkably well-structured syndicate. The supply chain
       | looks something like this: consumer apps embed ad SDKs - those
       | SDKs feed location signals into RTB ad exchanges - surveillance-
       | oriented firms sit in the RTB pipeline and harvest bid request
       | data even without winning auctions - that data flows to
       | aggregators who don't have any direct relationship with consumers
       | - and from there it's sold to government agencies, among others.
       | The genius of this structure is that accountability dissolves at
       | every layer. Each intermediary can claim they're just passing
       | along "commercially available data." Nobody verifies whether
       | consumers actually consented to their location data being
       | collected and resold. The consent verification is always someone
       | else's job. The real problem is that this data is buyable at all,
       | by anyone, through an opaque multi-layered supply chain
       | specifically designed so that no single entity bears
       | responsibility for the end result.
        
         | SoftTalker wrote:
         | There probably was a consent, buried on page 12 in the terms of
         | use of the app they installed at the front of your chain.
        
           | ranger_danger wrote:
           | I think that practice should be illegal... they know nobody
           | reads those.
           | 
           | Even the "reasonable person" standard for court would
           | probably conclude that most people would never read it.
        
         | wittyusername wrote:
         | I find myself uninstalling every app unless I really need it
         | and use it. It's amazing how many apps just sit around in your
         | life over time. get them off your phone
        
           | WarOnPrivacy wrote:
           | I do this. I also block the ad ecosystems on the device
           | (root, adaway).
        
           | cdrnsf wrote:
           | I do this as well -- I also have DNS level blocking via a
           | NextDNS profile and prefer PWAs if possible.
        
           | aceazzameen wrote:
           | Same here. I use Firefox for everything, and uninstall all
           | the junk via adb. Also low power mode not only for battery
           | efficiency, but to prevent most background services from
           | running.
        
         | nullcathedral wrote:
         | I wouldn't be surprised if we saw a headline in a few years
         | when we find out other actors (e.g. China, Russia) have been
         | buying this data en-masse too.
        
           | wmf wrote:
           | The CIA buys this data to track Putin's chef so of course
           | China and Russia are doing the same to us.
        
             | WarOnPrivacy wrote:
             | I'd much rather be tracked by China than by anything at all
             | with a USA presence.
             | 
             | As if I had a choice.
             | 
             | As if politicians of any party care now, in a meaningful
             | way.
             | 
             | As if news orgs were ever interested in security experts
             | who sounded the klaxons (for years and years and years).
        
             | ranger_danger wrote:
             | Do you have a source for this claim?
        
               | wmf wrote:
               | https://www.wired.com/story/how-pentagon-learned-
               | targeted-ad...
        
         | lmeyerov wrote:
         | Apple and Google are facilitating the data sales
         | 
         | Specifically, these big companies revenue share with app
         | companies who in turn increase monetization via selling your
         | private information, esp via free apps. In exchange for Apple
         | etc super high app store rake percentage fees, they claim to
         | run security vetting programs and ToS that vet who they do
         | business with and tell users & courts that things are safe,
         | even when they know they're not.
         | 
         | It's not rocket science for phone OS's to figure out who these
         | companies are and, as iOS / android os users already get
         | tracked by apple/google/etc, triangulate to which apps are
         | participating
        
           | adrr wrote:
           | If I have a free app that hits location services on the
           | device and I sell this data, how does Apple and Google make
           | money from me?
        
           | quantified wrote:
           | And Facebook/Meta. Their trackers are everywhere.
        
         | AndrewKemendo wrote:
         | And it's working precisely as designed
         | 
         | For example you can have a truthful statement: "all of the apps
         | that you have are constantly spying on you"
         | 
         | And the rejoinder is " any given app is not specifically
         | selling my data to specifically the FBI and so therefore it is
         | not spying"
         | 
         | To which the response would be: "that is correct however the
         | aggregate data is bundled and sold off to specifically the FBI
         | or intelligence agencies and so there cannot be a logical
         | differentiation between apps."
         | 
         | By that point the person has downloaded another rewards app and
         | added their drivers license to it.
        
         | hobs wrote:
         | We can hold both accountable actually, its a workaround of our
         | fourth amendment rights and also it should be illegal to do
         | this for the companies involved.
        
         | redmattred wrote:
         | Not sure about now, but geolocation data used to be available
         | for purchase from:
         | https://en.wikipedia.org/wiki/Skyhook_Wireless
        
         | cameldrv wrote:
         | The RTB thing has been around for over a decade at this point.
         | What I'm not sure about is what's being sold by car companies.
         | I know they sell the data to insurance companies. I'm curious
         | if the government can manage to get it as well commercially.
        
           | sillystuff wrote:
           | > What I'm not sure about is what's being sold by car
           | companies... if the government can manage to get it as well
           | commercially.
           | 
           | General Motors sold driving data to data brokers including
           | LexisNexus. Anyone, private or government can buy data from
           | LexisNexus.
        
         | samrus wrote:
         | I think the pipeline needs to be plugged at both ends. We
         | shouldnt allow this data to be sold without express consent.
         | And we shouldnt allow the government to purchase this sort of
         | data regardless of consent, protected under the 4th amendment.
         | unless, iguess, express consent is given to be used by the
         | government for investigative purposes, which no one would give
         | since they dont have to under the 5th amendment
        
           | robotnikman wrote:
           | I think the user should be paid for the data that is being
           | gathered up. If we want a source of UBI for the future where
           | AI is replacing every job, well here is a potential source to
           | fund it.
        
           | analog31 wrote:
           | I think sale and purchase are too hard to police. Possession
           | of data should be illegal, with a level of statutory damages
           | that invites litigation.
        
       | nullcathedral wrote:
       | Yikes. Why are private organizations so happy to participate in
       | mass surveillance.
        
         | skirmish wrote:
         | Should be obvious: lots of money in that. Corporations are
         | amoral psychopaths.
        
         | array_key_first wrote:
         | A lot of them don't know they're doing it. The tracking itself
         | is embedded in dependencies of dependencies. SDKs you add for
         | legitimate purposes. Along the way it's sent from platform to
         | platform. Analytics, add targets, and eventually data brokers.
         | Data brokers then sell it to other data brokers or the
         | government.
         | 
         | If you're lucky, it's pseudo-anonymous. Of course it's actually
         | not - aggregated location data is inherently not anonymous.
        
       | thenthenthen wrote:
       | There was a great talk at the Chaos Computer Conference a few
       | years ago how to diy this, sadly cant find it because web search
       | seems dead nowaydays. If anyone knows, please chip in. It was a
       | german researcher following german politicians who
       | hilariously(scandalously?) related travel patterns
        
         | ranger_danger wrote:
         | https://arstechnica.com/cars/2024/12/whistleblower-finds-une...
         | 
         | https://www.youtube.com/watch?v=iHsz6jzjbRc
        
       | SilverElfin wrote:
       | The government shouldn't be able to contract out anything it
       | isn't permitted to do directly itself. We should have this in the
       | law, get rid of qualified immunity for everyone including
       | lawmakers, and reign in the government.
        
       | themafia wrote:
       | I have to give my age to my OS.
       | 
       | Yet they can't write a law to make this basic practice illegal.
       | 
       | Why do I feel like I'm not being represented _at all_?
        
       | jimt1234 wrote:
       | This should be a surprise to absolutely no one. I think it sucks,
       | but I also don't think it's anything new.
        
         | clayhacks wrote:
         | Yeah, if you had any faith in these private companies to not
         | bend over backwards for the feds, I have a bridge in San
         | Francisco to sell you
        
       | lukeschlather wrote:
       | I'd really like to just have legislation to treat location data
       | like audio or video under wiretapping provisions. If you collect
       | my location info and convey it to a third party without my
       | consent or a reasonable good-faith belief that I would consent,
       | that ought to be treated similarly to recording without consent.
       | 
       | And consent needs to be granted explicitly for each party that
       | might get access to my location, you can't just get blanket
       | consent to sell my location to anyone, especially not with real-
       | time identifiable location data.
        
       | rasz wrote:
       | To be fair they are only doing that in order to track if his
       | honeypot brib^de isnt cheating on him.
       | 
       | Might be cheaper than round the clock SWAT teams
       | https://www.nytimes.com/2025/11/23/us/politics/kash-patel-gi...
        
       | cat-turner wrote:
       | Apple should take care of this. I would pay. Sadly it has gotten
       | to this point
        
         | jshier wrote:
         | What would you like them to do? They already force apps to ask
         | for permission, give user control over when the app can even
         | access the location (including just once), tell the user when
         | the app has been accessing the location repeatedly over time,
         | and allow the user the shut off location services for each app
         | individually whenever they want. So aside from shutting off
         | more and more possible sideband sources of location
         | information, what else are they supposed to do?
         | 
         | Unless you're saying Apple is selling the location information
         | they may have directly?
        
           | jshier wrote:
           | Answering my own question, they need a way for users to grant
           | location permission only to the primary app and not any of
           | its dependencies, as once you grant it, it's available to all
           | code in the app. It would be great if there was some way to
           | separate those.
           | 
           | They could also better enable network traffic inspection on
           | device, so we could tell where data is going. LittleSnitch on
           | iOS would be great.
        
       | pnw wrote:
       | Nobody has explained to me how iOS ad SDKs across different apps
       | can track individual users given that there hasn't been an
       | accessible GUID on iOS for many years now.
        
       | shermantanktop wrote:
       | In the US we live in a bizarre world of dual expectations.
       | 
       | The government is supposed to follow the law, be accountable,
       | transparent, and must operate within a constrained, circumscribed
       | zone of activity which is debated and discussed. That's at least
       | how it's supposed to work.
       | 
       | Private companies are understood as amoral sharks who have no
       | obligation to do anything other than operate in their narrowest
       | self-interest, and the law is used as a club to beat them back
       | from what they so clearly want to do, and will do if at all
       | possible. They are unaccountable to anything other than the legal
       | system and their share price. Suggesting that they might have any
       | further obligation is tantamount to questioning whether
       | capitalism should exist. It happens all the time on HN.
       | 
       | So of course the FBI would like to keep their hands mostly clean
       | by having one of those accepted-to-be-horrible companies gather
       | this data and then buy the resulting trove.
        
       | 3818923 wrote:
       | Some citizens are exempt. Wired magazine got cell phone movement
       | data to and from Little Saint James and found a lot of visitor
       | locations. The FBI is not interested:
       | 
       | https://www.wired.com/story/jeffrey-epstein-island-visitors-...
        
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