NSA Purchases Americans’ Internet Data Without Warrants, Newly Unclassified Documents Reveal
Newly released documents have revealed that the National Security Agency (NSA) has been purchasing Americans’ web browsing data from commercial data brokers without obtaining warrants. This disclosure, made public by Oregon Democratic Senator Ron Wyden, highlights the growing concern over government agencies acquiring sensitive information about citizens from commercial marketplaces, bypassing the need for court orders.
Senator Wyden’s revelation came as part of newly unclassified letters he received from the Pentagon. The NSA’s acquisitions include details about websites visited by Americans and the apps they use. This practice raises questions about privacy and the extent of surveillance conducted by government agencies.
These disclosures coincide with reports that foreign governments are engaging in similar activities, prompting the Biden administration to prepare an executive order to restrict foreign purchases of US citizens’ personal data. The NSA, in a statement to CNN, confirmed the purchase of commercially available netflow data, stating it is used for cybersecurity purposes, including the collection, analysis, and dissemination of cyber threat intelligence.
Paul Nakasone, NSA’s director, outlined in a letter to Wyden that the data procured does not involve the content of communications but is related to internet communications where one side is located within the United States. Nakasone clarified that the NSA does not purchase cellphone location data or data from automotive infotainment systems within the US.
Ronald Moultrie, a top Defense Department intelligence official, assured that agencies purchasing such data are responsible for adhering to legal and regulatory standards, including the Fourth Amendment. Allison Nixon, chief research officer at cybersecurity firm Unit 221B, emphasized the legitimate uses of netflow data in protecting organizations from cyberattacks without infringing on individual privacy.
The issue came into the spotlight when Senator Wyden, a vocal advocate for privacy, placed a hold on the nomination of Lt. Gen. Timothy Haugh as NSA director, pushing for the disclosure of this practice. This is not the first time such practices have been disclosed; in 2021, Wyden revealed that the Defense Intelligence Agency had purchased smartphone location data without a warrant.
In response to these revelations, Wyden has urged the Biden administration to halt the warrantless surveillance of Americans through internet data purchases, stating that such practices not only violate privacy but are also potentially illegal. He referenced recent actions by the Federal Trade Commission (FTC), which has been cracking down on data brokers and considering new regulations to address consumer data privacy concerns.
The declassification of these documents and Senator Wyden’s efforts highlight the complex challenges and ethical considerations surrounding government surveillance and the acquisition of personal data in the digital age.