Data brokers. Buying is not taking.
American agencies buy where your phone has been and need no warrant, because buying is legally different from taking. America banned TikTok for collecting the same data.
THE GIST ON DATA BROKERS: "Buy American"
Who is buying your location?
Data brokers are American companies. They buy where your phone has been and sell it to the FBI. But the US banned TikTok last year for collecting the same data. Because buying it is legally different from taking it.
How does the data get sold?
Most apps on your phone ask for your location: weather apps, dating apps, fitness trackers, games. The developers sell that data to advertising networks. A handful of private companies, including Babel Street and Anomaly 6, buy from those networks and resell to anyone with a budget.
Why does the government not need a warrant?
In America, the government needs a warrant to spy on you. That's the Fourth Amendment. But warrants only apply when the government takes something. If they pay for it, they don't need one. So the FBI, the IRS, ICE and the Secret Service all buy from these brokers. In March, the head of the FBI admitted it to Congress.
Who is the TikTok ban really about?
The advertising industry built the surveillance machine by accident, to sell you shoes. The government turned out to be the best customer. The TikTok ban was about who gets to buy it: American surveillance for American agencies.
That surveillance is now split into two markets. The government's market is regulated by warrants, and the commercial market is regulated by your credit card. The Fourth Amendment protects you from the first, and the other is a sale at retail prices. Your data sits in both. What market is your phone selling to right now?
Do you let apps see your location?
Your take. One tap, then see how everyone else voted.
Quick answers
Why doesn't the FBI need a warrant to buy location data?
The Fourth Amendment's warrant rule applies when the government takes something. If it pays for the data, no warrant is needed.
Which agencies buy from data brokers?
The FBI, the IRS, ICE and the Secret Service. In March the head of the FBI admitted it to Congress.
How does the data reach brokers?
App developers sell location data to advertising networks, and a handful of private companies buy from those networks and resell to anyone with a budget.
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