The Conversation published this warning from privacy/tech law/electronic surveillance attorney Anne Toomey McKenna (also an affiliated faculty member at Penn State's Institute for Computational and Data Sciences). The U.S. government "is able to purchase Americans' sensitive data because the information it buys is not subject to the same restrictions as information it collects directly. The federal government is also ramping up its abilities to directly collect data through partnerships with private tech companies. These surveillance tech partnerships are becoming entrenched, domestically and abroad, as advances in AI take surveillance to unprecedented levels... "
Congressional funding is supercharging huge government investments in surveillance tech and data analytics driven by AI, which automates analysis of very large amounts of data. The massive 2025 tax-and-spending law netted the Department of Homeland Security an unprecedented US$165 billion in yearly funding. Immigration and Customs Enforcement, part of DHS, got about $86 billion. Disclosure of documents allegedly hacked from Homeland Security reveal a massive surveillance web that has all Americans in its scope. DHS is expanding its AI surveillance capabilities with a surge in contracts to private companies. It is reportedly funding companies that provide more AI-automated surveillance in airports; adapters to convert agents' phones into biometric scanners; and an AI platform that acquires all 911 call center data to build geospatial heat maps to predict incident trends. Predicting incident trends can be a form of predictive policing, which uses data to anticipate where, when and how crime may occur...
Meanwhile, the Trump administration's national policy framework for artificial intelligence, released on March 20, 2026, urges Congress to use grants and tax incentives to fund "wider deployment of AI tools across American industry" and to allow industry and academia to use federal datasets to train AI. Using federal datasets this way raises privacy law concerns because they contain a lifetime of sensitive details about you, including biographical, employment and tax information....
The author argues that it's now critical for Americans to know "why the laws you might think are protecting your data do not apply or are ignored."
On March 18, 2026, FBI Director Kash Patel confirmed to Congress that the FBI is buying Americans' data from data brokers, including location histories, to track American citizens.... But in buying your data in bulk on the commercial market, the government is circumventing the Constitution, Supreme Court decisions and federal laws designed to protect your privacy from unwarranted government overreach... Supreme Court cases require police to get a warrant to search a phone or use cellular or GPS location information to track someone. The Electronic Communications Privacy Act's Wiretap Act prohibits unauthorized interception of wire, oral and electronic communications.
Despite some efforts, Congress has failed to enact legislation to protect data privacy, the use of sensitive data by AI systems or to restore the intent of the Electronic Communications Privacy Act. Courts have allowed the broad electronic privacy protections in the federal Wiretap Act to be eviscerated by companies claiming consent. In my opinion, the way to begin to address these problems is to restore the Wiretap Act and related laws to their intended purposes of protecting Americans' privacy in communications, and for Congress to follow through on its promises and efforts by passing legislation that secures Americans' data privacy and protects them from AI harms.
Thanks to long-time Slashdot reader sinij for sharing the article.
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