Intel agencies no longer collecting location data without warrant

Intelligence agencies have not collected any GPS records or other cell-site location data (CSLI) without a warrant since a 2018 Supreme Court decision involving cellphone privacy, according to a letter sent to Sen. Ron Wyden (D-Ore.).

In the letter, made public Thursday, Benjamin Fallon, the assistant director of national intelligence for legislative affairs within the Office of the Director of National Intelligence, wrote that the intelligence community has “not sought CSLI records or global positioning system (GPS) records” since the Carpenter v. United States case was decided by the Supreme Court last year.

In that case, the Supreme Court ruled 5-4 that the government violated the Fourth Amendment against unreasonable searches and seizures when it accessed historical cellphone location data without a search warrant.

Fallon wrote that the decision to stop collecting GPS and other location data was made “given the significant constitutional and statutory issues” that the Supreme Court decision raised.

Wyden originally wrote to former Director of National Intelligence Dan Coats in July to inquire whether, in light of the Supreme Court decision, the government would still be able to collect this type of data under Section 215 of the Patriot Act.

Section 215 allows the government to order third-party companies to hand over data deemed relevant to an intelligence investigation.