Fast Facts

• The Privacy and Civil Liberties Oversight Board (PCLOB) found the FBI does not buy real-time location data for counterterrorism investigations.
• The FBI does purchase historical location data from brokers like Babel Street, but not live tracking information.
• Open-source data - public or commercially available information - is a core resource for early-stage FBI investigations.
• The report notes privacy risks, but calls open-source data among the least intrusive investigative tools.
• This investigation began in 2017 amid growing concerns about digital surveillance capabilities.

Mapping the Digital Trail

Imagine a high-stakes chase scene where the detective can’t see the suspect’s every move, but can reconstruct their past steps with a detailed map. That’s the reality for FBI agents, according to a new report from the Privacy and Civil Liberties Oversight Board (PCLOB). The federal watchdog’s findings, released this week, cut through a fog of public suspicion: while the FBI does not purchase live, real-time location data from mobile or internet providers, it still taps into a rich reservoir of historical location information sold by commercial brokers.

For years, activists and privacy experts have worried about the rise of highly accurate digital surveillance. Smartphones, fitness trackers, even seemingly innocent apps have turned ordinary citizens’ movements into potential commodities. The fear: that law enforcement agencies could simply buy their way around constitutional safeguards, tracking Americans without oversight or warrants.

The Oversight Report: What the FBI Really Buys

The PCLOB’s investigation, which quietly began in 2017, set out to clarify whether these nightmares were reality. Their conclusion: the FBI doesn’t buy continuous or “real-time” location data from telecoms or internet companies for counterterrorism work. Instead, agents rely heavily on open-source information - that is, data that’s freely accessible or available for purchase from brokers like Babel Street. This type of data paints a picture of where someone has been, not where they are right now.

Why does this matter? Real-time location tracking is considered far more invasive, potentially allowing for round-the-clock monitoring without a warrant. Historical data, while still sensitive, is less immediately intrusive but can still reveal intimate patterns about a person’s life. The PCLOB acknowledges these risks, warning that even open-source data, when combined with other information, can threaten privacy and civil liberties.

A Broader Context: Data Brokers and Legal Loopholes

The FBI’s reliance on data brokers isn’t unique. Across the world, law enforcement and intelligence agencies have increasingly turned to commercial data markets, sometimes sidestepping traditional legal requirements. In the U.S., a 2018 Supreme Court decision (Carpenter v. United States) ruled that police generally need a warrant to access cell phone location records from telecom companies. However, the decision left a loophole: what about data bought from private brokers?

Companies like Babel Street specialize in aggregating and selling vast troves of location data, scraped from apps and digital services. While this information is technically “open-source,” it’s hardly public in the old-fashioned sense - ordinary people don’t realize their digital exhaust is being swept up and resold. Lawmakers and privacy advocates continue to debate whether the purchase of such data should require a warrant or stricter oversight.

Conclusion: Privacy in the Age of Invisible Maps

The PCLOB’s report offers a measure of reassurance - at least for now, the FBI isn’t tracking Americans in real time without court approval. Yet the shadow of “historic” data lingers. As technology races ahead and the market for digital breadcrumbs grows, the line between public safety and personal privacy remains as thin and shifting as a trail of footprints in the sand. Vigilance - by citizens, lawmakers, and watchdogs - will be crucial to ensure that invisible maps don’t quietly redraw the boundaries of American freedom.

WIKICROOK

• Open: 'Open' means software or code is publicly available, allowing anyone to access, modify, or use it - including for malicious purposes.
• Real: Real refers to real-time data acquisition - collecting and analyzing information instantly as users interact with systems, enabling faster threat detection.
• Historical Location Data: Historical location data is a record of where a device or person has been over time, revealing movement patterns and frequently visited places.
• Data Broker: A data broker collects, buys, and sells personal data - often without individuals’ knowledge - to third parties for marketing, credit, or risk assessment.
• Privacy and Civil Liberties Oversight Board (PCLOB): The Privacy and Civil Liberties Oversight Board (PCLOB) is an independent U.S. agency that reviews how security measures affect privacy and civil rights.