FBI is buying location data to track US citizens, director confirms
317 points
3 hours ago
| 17 comments
| techcrunch.com
| HN
FL4TLiN3
2 hours ago
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Who's selling the data is the far more serious issue here. Behind this is a remarkably well-structured syndicate. The supply chain looks something like this: consumer apps embed ad SDKs → those SDKs feed location signals into RTB ad exchanges → surveillance-oriented firms sit in the RTB pipeline and harvest bid request data even without winning auctions → that data flows to aggregators who don't have any direct relationship with consumers → and from there it's sold to government agencies, among others. The genius of this structure is that accountability dissolves at every layer. Each intermediary can claim they're just passing along "commercially available data." Nobody verifies whether consumers actually consented to their location data being collected and resold. The consent verification is always someone else's job. The real problem is that this data is buyable at all, by anyone, through an opaque multi-layered supply chain specifically designed so that no single entity bears responsibility for the end result.
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samrus
1 hour ago
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I think the pipeline needs to be plugged at both ends. We shouldnt allow this data to be sold without express consent. And we shouldnt allow the government to purchase this sort of data regardless of consent, protected under the 4th amendment. unless, iguess, express consent is given to be used by the government for investigative purposes, which no one would give since they dont have to under the 5th amendment
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dylan604
12 minutes ago
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> And we shouldnt allow the government to purchase this sort of data regardless of consent

Fine, we'll force companies to allow a small little box to be added to their data center. Don't worry about what it does, but you cannot disconnect network/power to it once it is installed. Once it is operational, you'll no longer need to think about it ever again, and we recommend that you don't. You should also not talk about this box to users/customers/clients. In fact, you'd be better off if you didn't talk to your employees about it either.

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ryandrake
7 minutes ago
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Don't forget the initial collection. Nobody is forcing these app developer to link the HarvestCustomerLocation.lib module to their app. They're doing it voluntarily, likely financially incentivized. Don't let them off the hook.
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robotnikman
1 hour ago
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I think the user should be paid for the data that is being gathered up. If we want a source of UBI for the future where AI is replacing every job, well here is a potential source to fund it.
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analog31
1 hour ago
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I think sale and purchase are too hard to police. Possession of data should be illegal, with a level of statutory damages that invites litigation.
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lmeyerov
2 hours ago
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Apple and Google are facilitating the data sales

Specifically, these big companies revenue share with app companies who in turn increase monetization via selling your private information, esp via free apps. In exchange for Apple etc super high app store rake percentage fees, they claim to run security vetting programs and ToS that vet who they do business with and tell users & courts that things are safe, even when they know they're not.

It's not rocket science for phone OS's to figure out who these companies are and, as iOS / android os users already get tracked by apple/google/etc, triangulate to which apps are participating

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cheriot
8 minutes ago
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I'm game for throwing rocks at Apple and Google, but I don't get this one.

> consumer apps embed ad SDKs → those SDKs feed location signals into RTB ad exchanges → surveillance-oriented firms sit in the RTB pipeline and harvest bid request data even without winning auctions

Would you ban ad supported apps? Assuming the comment you're responding to is realistic, I'm not sure how the OS is to blame.

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GeekyBear
13 minutes ago
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Apple doesn't even allow apps to know whose device they are running on without the user's explicit opt-in permission.

Just as importantly, apps aren't allowed to remove functionality if the user says no.

You need additional permissions to do things like access location data or scan local networks for device fingerprinting.

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adrr
1 hour ago
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If I have a free app that hits location services on the device and I sell this data, how does Apple and Google make money from me?
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quantified
52 minutes ago
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And Facebook/Meta. Their trackers are everywhere.
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wittyusername
2 hours ago
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I find myself uninstalling every app unless I really need it and use it. It's amazing how many apps just sit around in your life over time. get them off your phone
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dylan604
9 minutes ago
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The greatest part of reading HN is finding out that my distrust of apps and their developers is not weird. It does make me question my abilities as a dev for refusing to partake in these reindeer games. Clearly, I am not the right type of person to do well in big tech.
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aceazzameen
2 hours ago
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Same here. I use Firefox for everything, and uninstall all the junk via adb. Also low power mode not only for battery efficiency, but to prevent most background services from running.
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cdrnsf
2 hours ago
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I do this as well — I also have DNS level blocking via a NextDNS profile and prefer PWAs if possible.
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WarOnPrivacy
2 hours ago
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I do this. I also block the ad ecosystems on the device (root, adaway).
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cameldrv
1 hour ago
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The RTB thing has been around for over a decade at this point. What I’m not sure about is what’s being sold by car companies. I know they sell the data to insurance companies. I’m curious if the government can manage to get it as well commercially.
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sillystuff
46 minutes ago
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> What I’m not sure about is what’s being sold by car companies... if the government can manage to get it as well commercially.

General Motors sold driving data to data brokers including LexisNexus. Anyone, private or government can buy data from LexisNexus.

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pocksuppet
9 minutes ago
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All of it is legal, and incentivised. Is it any surprise?
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jacquesm
25 minutes ago
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That's a very accurate summary.

That stupid game you installed a year ago, that's what gets you.

If you have a smartphone keep a very sharp eye on your location services, and whether they're in the state you expect them to be in. Also a great way to save your battery.

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nullcathedral
2 hours ago
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I wouldn't be surprised if we saw a headline in a few years when we find out other actors (e.g. China, Russia) have been buying this data en-masse too.
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wmf
2 hours ago
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The CIA buys this data to track Putin's chef so of course China and Russia are doing the same to us.
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WarOnPrivacy
2 hours ago
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I'd much rather be tracked by China than by anything at all with a USA presence.

As if I had a choice.

As if politicians of any party care now, in a meaningful way.

As if news orgs were ever interested in security experts who sounded the klaxons (for years and years and years).

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ranger_danger
2 hours ago
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Do you have a source for this claim?
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wmf
1 hour ago
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SoftTalker
2 hours ago
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There probably was a consent, buried on page 12 in the terms of use of the app they installed at the front of your chain.
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ranger_danger
2 hours ago
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I think that practice should be illegal... they know nobody reads those.

Even the "reasonable person" standard for court would probably conclude that most people would never read it.

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redmattred
2 hours ago
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Not sure about now, but geolocation data used to be available for purchase from: https://en.wikipedia.org/wiki/Skyhook_Wireless
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hobs
2 hours ago
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We can hold both accountable actually, its a workaround of our fourth amendment rights and also it should be illegal to do this for the companies involved.
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AndrewKemendo
2 hours ago
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And it’s working precisely as designed

For example you can have a truthful statement: “all of the apps that you have are constantly spying on you”

And the rejoinder is “ any given app is not specifically selling my data to specifically the FBI and so therefore it is not spying”

To which the response would be: “that is correct however the aggregate data is bundled and sold off to specifically the FBI or intelligence agencies and so there cannot be a logical differentiation between apps.”

By that point the person has downloaded another rewards app and added their drivers license to it.

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lukeschlather
1 hour ago
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I'd really like to just have legislation to treat location data like audio or video under wiretapping provisions. If you collect my location info and convey it to a third party without my consent or a reasonable good-faith belief that I would consent, that ought to be treated similarly to recording without consent.

And consent needs to be granted explicitly for each party that might get access to my location, you can't just get blanket consent to sell my location to anyone, especially not with real-time identifiable location data.

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ryandrake
6 minutes ago
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> or a reasonable good-faith belief that I would consent

Don't deliberately write a loophole. No need for this part.

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nomel
2 hours ago
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The supreme court had a 5-4 decision related to this [1]. Was there something specific, in that decision, that leaves a loophole open?

[1] https://www.supremecourt.gov/opinions/17pdf/16-402_h315.pdf

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mogwire
2 hours ago
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> Carpenter v. United States (2018) was a landmark Supreme Court case that held the government generally needs a warrant to access historical cell-site location information (CSLI) from cell phone carriers, as its acquisition constitutes a Fourth Amendment search

This is very different from buying your data from a company especially when the user consented to their location being tracked.

Too many people in these threads jumping to anti-Trump when the real issue is how quick we are to give up our our privacy to use technology and then quickly turn to shock in anger when it’s used against us.

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SamuelAdams
13 minutes ago
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Modern vehicles make disabling data collection fairly difficult. And even if it is disabled, there is no guarantee data is not being sent despite your user settings.

I would love for investigative groups to target the auto industry’s data collection practices and have meaningful legislation created and implemented as a result.

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Dezvous
1 hour ago
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> This is very different from buying your data from a company especially when the user consented to their location being tracked.

No, it's not 'very different'. When you sign a cellular contract you consent to all sorts of tracking and data collection, but it still requires a warrant for government to obtain.

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adi_kurian
46 minutes ago
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Is it materialy different than a landline (in the rights signed away, not the data emitted/captured)?
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lazide
1 hour ago
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You don’t actually consent (per-se) in most cases. Hence the warrant.

If you consented, no warrant would be required.

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ranger_danger
2 hours ago
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Why is it different though? Who gets to say so?

If the SCOTUS case merely said "needs a warrant to access historical data"... it didn't say "only if acquired via specific means" (like a subpoena), right?

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shimman
2 hours ago
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Yeah, the loophole is always "national security" and SCOTUS doesn't enforce the law.
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46493168
2 hours ago
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The Trump admin has found a neat loophole where they ignore the supreme court when they don’t like what the ruling is
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nomel
2 hours ago
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The three letter agencies have a long history of ignoring the constitution, long before the Trump administration, going back to their inception, including as recent as the Biden administration [1].

[1] https://ij.org/press-release/fbi-caught-trying-to-sweep-its-...

edit: downvoters, is this not true? this is a historic problem with the agencies. This doesn't mean it's not also a problem with this administration. Two things can be true at once. I like pancakes and waffles.

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jfengel
1 hour ago
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This administration has also expressed an interest in using that information to persecute citizens.

Every administration needs to deal with the conflict of protection versus privacy. They all do things that privacy advocates wish they didn't.

But not since the early 70s has one been so explicit that it wants to use the justice system to punish their enemies, without even the pretense of a criminal charge.

So I think you're being downvoted over the perception of both-sidesism.

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thenthenthen
2 hours ago
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There was a great talk at the Chaos Computer Conference a few years ago how to diy this, sadly cant find it because web search seems dead nowaydays. If anyone knows, please chip in. It was a german researcher following german politicians who hilariously(scandalously?) related travel patterns
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ranger_danger
1 hour ago
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evan_a_a
31 minutes ago
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givemeethekeys
3 hours ago
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That's the job of the FBI - to investigate domestic crimes. But, why do private organizations so willingly participate in the tracking ecosystem? I suppose they're in the, "you have nothing to worry about if you're not doing anything illegal" camp! Hopefully they understand that they have the most to lose.
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wmf
3 hours ago
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It's just business. Buy (your data) for a dollar, sell for two. It's all legal and the data brokers are mostly unknown or already-hated companies so I'd say they have nothing to lose.
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anonymars
2 hours ago
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I wonder if we can still buy burner phones for cash at Mondo Mart
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observationist
2 hours ago
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Differential identification means you can be singled out based on profiles. Even if you don't have any accounts, big tech companies still have shadow profiles, and those shadow profiles can be linked to your offline identity, such that everything you've done that's been recorded, and everything you've done in (temporal, physical, or digital) proximity to other people who do have accounts results in a record of activities.

Sure, you can get a burner, but you have to make sure you never use it anywhere near anyone you know, that the sim is obtained anonymously, that you're never imaged by any of the ubiquitous cameras, etc. Merely having it powered on provides enough metadata to establish a shadow profile, and it's nearly impossible for a person to secure two separate identities. There's also the superman problem - the burner phone would only ever appear when anonymars is missing, and vice versa, creating a real and exploitable pattern if anyone like the FBI wanted to root around in your life. All they'd have to do is query which shadow profiles match the temporal gaps correlated with your disappearance from tracking.

There's really no escaping it. The only fix is legislation - outright banning mass surveillance, with lethal corporate penalties and long prison terms for C-Suite responsible for violations. Short of that, we live in a world that is implicitly compromised and insecure unless you have nation state level resources.

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anigbrowl
1 hour ago
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There's also the superman problem - the burner phone would only ever appear when anonymars is missing, and vice versa, creating a real and exploitable pattern if anyone like the FBI wanted to root around in your life. All they'd have to do is query which shadow profiles match the temporal gaps correlated with your disappearance from tracking.

This is nonsense. By your logic, people go 'missing' any time they are not using a computer, whether they're reading a book, in the shower, or asleep in bed.

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pnw
47 minutes ago
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You can buy eSIMs that aren't linked to your identity at https://www.phreeli.com/
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triceratops
2 hours ago
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I can't tell if these The Wire references are deliberate or a coincidence.
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wmf
1 hour ago
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No doubt.
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SoftTalker
2 hours ago
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You can buy almost anything for cash.
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helterskelter
2 hours ago
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Hell, I can get you a toe by three o'clock this afternoon -- with nailpolish.
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skirmish
2 hours ago
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Your German girlfriend will not be happy about it. Give her "halbe Pfannkuchen"!
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mhurron
2 hours ago
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No it is not the job of the FBI to to conduct mass surveillance of citizens.
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saltyoldman
2 hours ago
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What if an investigation is based on finding the same specific people near another specific person that they're tracking, but they only know about the one person, not the others.

And by doing this they stop a terror attack?

One more thought - if they buy just data for specific people related to an investigation, the seller of the data is tipped off. If they just buy all the data, then there is no potential tip-off to the target.

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themafia
1 hour ago
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You get a "geofence warrant." They exist and are ubiquitous. You then go to Google or any other provider and you demand the data for a specific location in a specific time window. You then use the data to capture criminals. Any other data would not meet the standards of evidence and probably couldn't be used in court anyways. It's only function is for "parallel construction."

Then again, what I _really_ want is for the FBI to prevent crime. If their only solution is to let crime happen and then use a giant dragnet to put people in jail then they are less than worthless... they are actively dangerous to democracy.

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anigbrowl
1 hour ago
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They can get a warrant.

And by doing this they stop a terror attack?

Fuck off. This is just trying to manipulate people with fear of undefined bad thing.

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whatshisface
2 hours ago
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If something is bad when it's done illegally, it's worse when it's done legally, and even worse than that when it's done dutifully.
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SoftTalker
2 hours ago
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It's also not new. The FBI has kept dossiers on people of interest and people in positions of power since it was founded. Easier now of course, which is a concern.
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thephyber
2 hours ago
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For profit organizations are legally required to maximize shareholder value. Many of them will abuse the spirit of the law in order to squeeze profits where others won’t.

The FBI is violating the spirit and original intent of the 4A by creating an entire industry out of the “3rd party doctrine” bypass to the 4A. That doctrine was whole cloth created by SCOTUS and Congress has been too happy to avoid credit or blame for it to not enshrine it in statute.

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Finnucane
2 hours ago
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>For profit organizations are legally required to maximize shareholder value.

No:

https://www.nytimes.com/roomfordebate/2015/04/16/what-are-co...

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delfinom
1 hour ago
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Lemme give you an example.

Many retail sites have a "find a nearby" store function. They often outsource this to a third party...for something as silly as geolocation and geographical lookups. This third party is the one that offers its services for a discount but also siphons up your location data to sell.

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renewiltord
2 hours ago
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Believe it or not, not everyone is a prison abolitionist and some think that if you kill someone you should go to prison so you can’t go kill another person.

I know. It’s strange. I don’t agree with them. Generally, I think unless a judge and jury reliably witnessed a crime with their own eyes they shouldn’t convict and that prison is an evil place to dispossess the poor of what little dignity they have left after online advertising has raped their senses and datacenters have stolen their water (and don’t forget the atrocities in Gaza) but some other people have these views.

EDIT: why are you downvoting me, guys? I agree with you. Rittenhouse, Zimmerman et al. were good precedents. Trump’s presidential pardons are another thing that keeps free humans with dignity from prison but he hasn’t gone far enough. Regardless, his actions for Jan 6 protestors is one of the best actions for us to free people. These are all good things, even if they are incomplete and therefore imperfect.

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rendx
2 hours ago
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How Legal Punishment Affects Crime: An Integrated Understanding of the Law's Punitive Behavioral Mechanisms (2025)

"This article explains what these 13 potential effects of punishment are and how they have been theorized. It further reviews the body of available empirical evidence for each of these mechanisms."

https://news.ycombinator.com/item?id=47266997

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staplers
2 hours ago
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Am all for it if law enforcement were held to the same standards. Plenty of cases where LE murder is simply not enforced. Thus LE becomes a haven for those seeking impunity and ability to nefariously track anyone.
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rootusrootus
2 hours ago
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Perhaps we could overturn the third party doctrine. With legislation, preferably. And while we are at it, solve the underlying issue of pervasive data collection and sharing in the first place.
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jmbuilds
2 hours ago
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Another angle I think worth attention is product developers should build tools / platforms that don't even touch user data and be open about that so consumers can choose those more. I believe people will choose privacy when given the choice more often if the product is just as good or better.
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pnw
50 minutes ago
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Nobody has explained to me how iOS ad SDKs across different apps can track individual users given that there hasn't been an accessible GUID on iOS for many years now.
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Terr_
22 minutes ago
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Enough location data alone is effectively PII. There is likely only one person who lives in my apartment-complex and works at my office.
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shermantanktop
44 minutes ago
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In the US we live in a bizarre world of dual expectations.

The government is supposed to follow the law, be accountable, transparent, and must operate within a constrained, circumscribed zone of activity which is debated and discussed. That's at least how it's supposed to work.

Private companies are understood as amoral sharks who have no obligation to do anything other than operate in their narrowest self-interest, and the law is used as a club to beat them back from what they so clearly want to do, and will do if at all possible. They are unaccountable to anything other than the legal system and their share price. Suggesting that they might have any further obligation is tantamount to questioning whether capitalism should exist. It happens all the time on HN.

So of course the FBI would like to keep their hands mostly clean by having one of those accepted-to-be-horrible companies gather this data and then buy the resulting trove.

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cat-turner
57 minutes ago
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Apple should take care of this. I would pay. Sadly it has gotten to this point
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jshier
50 minutes ago
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What would you like them to do? They already force apps to ask for permission, give user control over when the app can even access the location (including just once), tell the user when the app has been accessing the location repeatedly over time, and allow the user the shut off location services for each app individually whenever they want. So aside from shutting off more and more possible sideband sources of location information, what else are they supposed to do?

Unless you're saying Apple is selling the location information they may have directly?

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jshier
45 minutes ago
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Answering my own question, they need a way for users to grant location permission only to the primary app and not any of its dependencies, as once you grant it, it's available to all code in the app. It would be great if there was some way to separate those.

They could also better enable network traffic inspection on device, so we could tell where data is going. LittleSnitch on iOS would be great.

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themafia
1 hour ago
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I have to give my age to my OS.

Yet they can't write a law to make this basic practice illegal.

Why do I feel like I'm not being represented _at all_?

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nullcathedral
2 hours ago
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Yikes. Why are private organizations so happy to participate in mass surveillance.
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array_key_first
59 minutes ago
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A lot of them don't know they're doing it. The tracking itself is embedded in dependencies of dependencies. SDKs you add for legitimate purposes. Along the way it's sent from platform to platform. Analytics, add targets, and eventually data brokers. Data brokers then sell it to other data brokers or the government.

If you're lucky, it's pseudo-anonymous. Of course it's actually not - aggregated location data is inherently not anonymous.

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skirmish
2 hours ago
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Should be obvious: lots of money in that. Corporations are amoral psychopaths.
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3818923
42 minutes ago
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Some citizens are exempt. Wired magazine got cell phone movement data to and from Little Saint James and found a lot of visitor locations. The FBI is not interested:

https://www.wired.com/story/jeffrey-epstein-island-visitors-...

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SilverElfin
2 hours ago
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The government shouldn’t be able to contract out anything it isn’t permitted to do directly itself. We should have this in the law, get rid of qualified immunity for everyone including lawmakers, and reign in the government.
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rasz
1 hour ago
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To be fair they are only doing that in order to track if his honeypot brib^de isnt cheating on him.

Might be cheaper than round the clock SWAT teams https://www.nytimes.com/2025/11/23/us/politics/kash-patel-gi...

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jimt1234
1 hour ago
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This should be a surprise to absolutely no one. I think it sucks, but I also don't think it's anything new.
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clayhacks
1 hour ago
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Yeah, if you had any faith in these private companies to not bend over backwards for the feds, I have a bridge in San Francisco to sell you
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josefritzishere
2 hours ago
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A generation ago our leaders derided China (and Russia) for this kind of pervasive spying on it's citizens. In the US we did the same thing just increasing costs by enriching the private sector on the way. That's not better. That's worse.
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quentindanjou
2 hours ago
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I still remember people asking, "why people in [China], don't protest more actively against it?" as if they would do much better, some others arguing that it was in their "culture" not to protest, as if it would be in the US, they would do anything different: we now have our answer.
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hombre_fatal
2 hours ago
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Kinda reminds me of when I saw footage online of a group of teens raiding a 7/11 store -- maybe during the BLM riots --, and a top comment was "heh, come try that in Texas ;)". Fantasizing, of course, that Texas has a unique bulwark against that behavior, probably having to do with gun ownership.

And then it turns out the video took place in Dallas.

We like to think there are all these barriers to bad things happening where we live. "I'm sure someone (not me) would stop that." But it turns out there isn't as much bulwark as we think. Or we're the bulwark, so if it isn't us, then there is nobody else.

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RickJWagner
2 hours ago
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It’s that sort of behavior— groups of perpetrators committing crimes— that allow people to justify enhanced surveillance tactics.

I think in years past people would have objected to sale of personal location data. But that was before people had videos of groups of lawbreakers overwhelming laws through organized efforts.

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triceratops
2 hours ago
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> groups of lawbreakers overwhelming laws through organized efforts

You're saying organized crime is new? Or videos of it?

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shevy-java
2 hours ago
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They hate us for our freedom.

Also, isn't this breaking the constitution? It bypasses needing a warrant respectively having a objective suspicion.

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baggachipz
2 hours ago
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> Also, isn't this breaking the constitution?

I don't think that's been of much concern as of late.

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zer00eyz
2 hours ago
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> Also, isn't this breaking the constitution? It bypasses needing a warrant respectively having a objective suspicion.

Nope.

Your personal information, when given to others, is now trash on the curb (in a literal sense, see: https://en.wikipedia.org/wiki/California_v._Greenwood )

Buying it just clears up the chain of custody as opposed to the NSA stealing it and reverse engineering your warrant -- OR -- using the good ole stingray.

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