Kash Patel location data testimony: full exchange transcribed
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Sen. Wyden: In 2023, your predecessor testified that, and I quote, “to my knowledge, we do not currently purchase commercial database information that includes location data derived from internet advertising.” Is that the case still?
Sen. Wyden: And if so, can you commit this morning to not buying Americans’ location data?
Dir. Patel: The FBI uses all tools … to do our mission. We do purchase commercially available information that’s consistent with the Constitution and the laws under the Electronic Communications Privacy Act — and it has led to some valuable intelligence for us to be utilized with our private and partner sectors.
Sen. Wyden: So you’re saying that the agency will buy Americans’ location data?
The testimony Wyden quoted is from then-FBI Director Christopher Wray’s 2023 appearance before the same committee, in which Wray stated the bureau was not, to his knowledge, currently purchasing commercial location data derived from internet advertising, while acknowledging the FBI had purchased such data in the past. Patel’s answer, three years later, confirms the practice is active again under his direction.
Senator Wyden characterized the purchase of Americans’ personal information without a warrant as an outrageous end-run around the Fourth Amendment.
Representative Warren Davidson, sponsor of a related House measure, stated: “This is a clear violation of the fourth amendment and is why I introduced the Government Surveillance Reform act, to close the data broker loophole that allows intelligence agencies to buy Americans’ private data.”
Senator Tom Cotton offered a contrasting view during the same hearing, defending the practice as a legitimate use of commercially and publicly available data.
This transcription covers the direct Wyden-Patel exchange and the immediate on-record reactions from Representative Davidson and the contrasting position from Senator Cotton. The full hearing additionally covered testimony from DNI Tulsi Gabbard and DIA Director Lt. Gen. James Adams III on unrelated matters, not reproduced here.
Hearing: Senate Intelligence Committee, Worldwide Threats Hearing. March 18, 2026.
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