Senator Wyden has accused the intelligence community of potentially aiding data brokers in breaching a Federal Trade Commission (FTC) requirement for explicit user consent on data sales. He referenced FTC action against X-Mode, a broker guilty of selling data without user consent. The FTC, however, hasn't clarified if its rules apply to intelligence agencies.

Concerned about privacy violations, Wyden wants the NSA and other agencies to inventory and delete any improperly obtained data on Americans. The Senator argues this unchecked collection essentially bypasses the Fourth Amendment.

In defense, the Department of Defense insists it follows privacy and civil liberty standards when procuring location data, and NSA head General Nakasone claims to limit domestic data collection while stressing its importance for national security. Despite government reassurances, Wyden stresses that informed consent is crucial and criticizes intelligence agencies for contributing to a market that operates with opaque surveillance practices.