Technology

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NSA director Gen. Paul Nakasone disclosed the practice in a letter to Sen. Ron Wyden, a privacy hawk and senior Democrat on the Senate Intelligence Committee.

“Web browsing records can reveal sensitive, private information about a person based on where they go on the internet, including visiting websites related to mental health resources, resources for survivors of sexual assault or domestic abuse, or visiting a telehealth provider who focuses on birth control or abortion medication,” said Wyden in a statement.

By its own admission, the ODNI said at the time that commercially purchased data “clearly provides intelligence value,” but “raises significant issues related to privacy and civil liberties.”

Previous reporting shows the Defense Intelligence Agency bought access to a commercial database containing Americans’ location data in 2021 without a warrant.

Government agencies typically have to secure a court-approved warrant before obtaining private data on Americans from a phone or a tech company.

But U.S. agencies have skirted this requirement by arguing they do not need a warrant if the information, like precise location records or netflow data, is openly for sale to anyone who wants to buy it — though this legal theory remains untested in U.S. courts.

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