In an exchange overheard by an Associated Press reporter present for the hearing, Gaetz also heaped praise on another political rival moments after she, too, laid into the director. (“That was terrific,” he reportedly said.)
Congresswoman Pramila Jayapal of Washington had dedicated much of her time to drawing attention to a report declassified last month by Avril Haines, the director of national intelligence and America’s “top spy.” The report states that the purchasing of personal information typically protected under the US constitution—GPS data pulled largely from cell phones, in particular—is a widespread practice throughout the intelligence community (of which, notably, the FBI is a member).
The report deems the data being actively collected by the US government to be both “sensitive and intimate.” In the wrong hands, a group of former spies turned advisers to Haines wrote, Americans would be vulnerable to serious crimes like harassment, identity theft, and blackmail. Intelligence agencies collect this data, nevertheless, the report states, using a legal theory that paying for it removes any need to obtain a search warrant.
Privacy experts at digital rights groups, including Demand Progress and the American Civil Liberties Union, consider this practice a legal loophole at odds with the US Constitution’s goal of protecting against unlawful searches and seizures. Many lawmakers, including Jayapal and Lofgren, feel similarly.
Wray went on to explain that his story had not changed since he first disclosed the purchases in March and that the FBI was not actively purchasing location data at this moment. It is unclear what exactly became of the data it did purchase or how it was used, if at all. The FBI has said the data was collected by private companies for advertising purposes and that it was acquired by the government for a vague “pilot project.” An FBI spokesperson did not immediately respond to a request for comment.
The protection of location and web browsing data were not the only concern raised by lawmakers Wednesday. Republican Thomas Massie would also pepper Wray with questions about another FBI request for “gun purchase records” reportedly issued to a major US bank. The records, Massie claimed, had “no geographical boundaries,” meaning the request was likely not limited to a particular area, city, or state.
Wray resisted the questions, as he had for most of the hearing. “What I do know,” the director said, “is that a number of business community partners all the time—including financial institutions–share information with us about possible criminal activity.” Massie then asked Wray to clarify whether the bank had volunteered the data or whether the FBI had requested it first.
Wray declined to respond to the question, saying he could not “speak to specifics.”
Wray was not entirely opposed to the idea of bettering privacy protections for at least some Americans. Law enforcement officers, he noted, face threats of violence every day as a result of being doxed online. “The more information, personalized information, about law enforcement professionals that is on the internet, the more people who may be unstable or inclined to violence there are out there who can choose to act on it,” he said.
