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AG Torrez Leads 17 States Urging Congress to Close Data-Broker Loophole

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Published March 24th, 2026
Detected March 24th, 2026
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Summary

New Mexico Attorney General Raúl Torrez, leading 17 state attorneys general, urged Congress to close a data-broker loophole that allows federal agencies to conduct mass surveillance of Americans using commercially purchased data and AI tools. The letter calls for warrant requirements for digital data access and transparency standards for data brokers.

What changed

New Mexico Attorney General Raúl Torrez, joined by 16 other state attorneys general, has sent a letter to Congressional leadership urging immediate action to close a "data-broker loophole." This loophole allegedly allows federal agencies to bypass warrant requirements and conduct mass surveillance of Americans by purchasing personal data, including sensitive information like movements, associations, and political activity, from commercial data brokers. The coalition highlights recent instances of federal agencies acquiring billions of records, such as airline ticketing and mobile location data, and warns that current privacy laws are insufficient to address the capabilities of AI tools to re-identify and profile individuals.

The practical implication for regulated entities, particularly data brokers and federal agencies utilizing such data, is the potential for significant new legislative restrictions. The attorneys general are calling for Congress to enact reforms that would prohibit federal agencies from purchasing data requiring a warrant, mandate warrants for web browsing and location data, prevent circumvention of domestic surveillance limits via foreign intelligence laws, and require the deletion of unlawfully collected data and AI models. While this is a call to Congress and not a direct regulatory action, it signals a strong push for legislative change that could impose new compliance obligations and oversight on data acquisition and usage practices.

What to do next

  1. Monitor Congressional developments regarding data privacy and surveillance legislation.
  2. Review current data acquisition and usage policies for compliance with potential warrant requirements.
  3. Assess AI model training data for compliance with potential deletion mandates.

Source document (simplified)

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Attorney General Raúl Torrez Leads Multistate Call for Congress to Close Loophole Enabling Federal Mass Surveillance

  • March 24, 2026

Albuquerque, NM – New Mexico Attorney General Raúl Torrez today announced that he is leading a coalition of seventeen state attorneys general urging Congress to take immediate action to halt federal agencies’ use of commercially purchased data and artificial intelligence tools that enable mass surveillance of Americans without judicial, legislative, or public oversight. The letter calls on Congress to close the data‑broker loophole, require warrants for federal access to Americans’ digital data, prevent domestic surveillance via foreign intelligence laws, mandate deletion of unlawfully collected information and related AI models, and establish nationwide transparency and accountability standards for data brokers.

“Americans should not have to sacrifice their privacy and constitutional rights just to exist in the modern world,” said Attorney General Raúl Torrez. “Federal agencies are sidestepping longstanding legal protections by buying vast amounts of personal data and using artificial intelligence to analyze it—without a warrant, without oversight, and without accountability. That is not how our system is supposed to work. We are calling on Congress to close this loophole, put clear guardrails in place, and ensure that advancing technology does not come at the expense of our fundamental freedoms.”

In the letter sent to the leadership of the Senate Committee on Homeland Security and Governmental Affairs and the House Committee on Oversight and Accountability, Attorney General Torrez and the coalition of attorneys general warn that federal agencies are exploiting a “data broker loophole” to obtain detailed information about Americans’ movements, associations, political activity, and daily lives—information the government would otherwise be required to obtain through a warrant or pursuant to other legal procedures.

The attorneys general cite recent examples—including federal agencies’ purchase of billions of airline ticketing records and mobile location data from commercial brokers—that reveal a pattern of warrantless surveillance of the population in general through the acquisition of massive datasets. Several of these practices have already drawn bipartisan concern in Congress and the public after media reporting uncovered the federal government’s ability to track individuals’ travel, movements, and daily routines through these datasets.

The letter highlights that current statutory protections, including the Privacy Act of 1974 and the E‑Government Act, are outdated and fail to address modern realities in which AI tools can rapidly re‑identify “pseudonymized” datasets and assemble intimate profiles of individuals without their knowledge or consent. Federal agencies have repeatedly failed to comply with existing privacy requirements, according to recent Inspector General reports.

The coalition calls on Congress to enact comprehensive reforms, including measures that would:

  • Prohibit federal agencies from purchasing data that would otherwise require a warrant to obtain.
  • Require judicial warrants before accessing Americans’ web browsing activity, search queries, and location information.
  • Ensure intelligence agencies cannot circumvent limits on domestic surveillance by exploiting foreign intelligence authorities or third‑party vendors.
  • Mandate deletion of unlawfully collected data and any algorithms trained using such data. “Congress must act before federal agencies develop and rely on massive surveillance databases that track Americans’ daily lives in ways that are effectively impossible to unwind.” said Attorney General Torrez.

Joining Attorney General Torrez in sending this letter are the attorneys general of California, Colorado, Connecticut, Hawai’i, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, Oregon, Vermont, Virginia and Washington.

Copy of Letter

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Classification

Agency
GP
Published
March 24th, 2026
Instrument
Notice
Legal weight
Non-binding
Stage
Final
Change scope
Substantive

Who this affects

Applies to
Government agencies Consumers
Industry sector
5182 Data Processing & Hosting 5112 Software & Technology
Activity scope
Data Brokerage Mass Surveillance AI Data Analysis
Geographic scope
United States US

Taxonomy

Primary area
Data Privacy
Operational domain
Compliance
Compliance frameworks
Dodd-Frank CCPA/CPRA GDPR
Topics
Consumer Protection Cybersecurity Government Oversight

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