The National Security Agency (NSA) has been obtaining Americans’ web browsing data from commercial data brokers without warrants, revealed in recently declassified letters disclosed by Senator Ron Wyden. This includes information about visited websites and used apps.
The disclosed information underscores the routine practice of government agencies acquiring sensitive data about citizens through commercial channels rather than obtaining it via court orders. Concerns are mounting about similar actions by foreign governments, leading the Biden administration to consider an executive order to curb foreign purchases of U.S. citizens’ personal data.
The NSA’s acquisitions involve “information associated with electronic devices being used outside—and, in certain cases, inside—the United States,” according to Paul Nakasone, the NSA’s director. The obtained data, known as netflow data, pertains to the technical information generated by devices using the internet. While the purchased data doesn’t involve the content of communications, it is related to wholly domestic and international internet communications.
The NSA clarified that the acquired data doesn’t include Americans’ cellphone location data or location information from automotive infotainment systems in the U.S. The agency purchases this data from private vendors to support its cybersecurity and foreign intelligence missions, focusing on defending U.S. military networks from foreign cyber threats.
Senator Wyden, a prominent privacy advocate, disclosed the information after almost three years of pushing for its release. His disclosure in 2021 revealed that the Defense Intelligence Agency had acquired smartphone location data commercially without a warrant.
Wyden, in his recent letter to the Biden administration, urged the cessation of warrantless surveillance through internet data purchases. The concern revolves around the ethical and legal implications of government agencies accessing Americans’ personal data without proper oversight.
This revelation comes amid increased scrutiny of data brokers, with the Federal Trade Commission (FTC) taking steps to regulate the commercial surveillance industry. Senator Wyden called for intelligence agencies to delete any commercially acquired data that contradicts recent FTC crackdowns, aligning with ongoing efforts to strengthen data privacy regulations.
