On September 15, 2025, a startling revelation surfaced about the scale and depth of government surveillance in the United States, as reported by 404 Media. A data broker, the Airlines Reporting Corporation (ARC), which is owned by some of the country’s largest airlines, has been quietly selling access to a treasure trove of five billion domestic flight records to various U.S. government agencies. This arrangement, which enables warrantless searches of airline passengers’ data, has ignited a fierce debate about privacy, oversight, and the ever-blurring line between national security and civil liberties.
ARC’s database is staggering in its scope. According to the documents obtained by 404 Media, the records include passengers’ names, flight itineraries, and financial information—details that paint an intricate picture of the movements and habits of millions of travelers. These records are not limited to a handful of airlines; they are derived from more than 270 carriers and sourced through over 12,800 travel agencies. The board of directors overseeing ARC includes representatives from American Airlines, Delta, United, Southwest, Alaska Airlines, JetBlue, European giants Air France and Lufthansa, and Canada’s Air Canada, underscoring the reach and international implications of this data collection.
What’s especially concerning to privacy advocates and some lawmakers is the breadth of government access. Agencies such as the Federal Bureau of Investigation (FBI), Immigration and Customs Enforcement (ICE), the U.S. Secret Service, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the State Department, the Transportation Security Administration (TSA), the Internal Revenue Service (IRS), and the U.S. Marshals all have access to ARC’s data. According to 404 Media, a court record shows the FBI asked ARC to search its databases for a specific individual as part of a drug investigation, highlighting the real-world application of this vast trove of information.
For years, the public had little idea of the extent to which their travel data was being monitored and sold. Previous reporting had found that ARC allowed the government to search more than one billion records, but a new contract reviewed by 404 Media revealed access to “5 billion ticketing records.” This contract, which extends through 2028, shows the Secret Service alone plans to pay $885,000 for access to this flight data. When pressed for comment, a Secret Service spokesperson told 404 Media that the agency does not discuss “the tools used to conduct our operations.”
The secrecy surrounding ARC’s data sales is not accidental. ARC has previously requested that the government not reveal the sources of the passenger data to the public. This desire for discretion came to light during a congressional investigation earlier this year, led by Senator Ron Wyden of Oregon. Wyden accused ARC of refusing to answer oversight questions from Congress, a stance that only heightened concerns about transparency and accountability. Following this scrutiny, ARC officially registered as a data broker in California in June 2025—a move that, while significant, has done little to quell the controversy.
Senator Wyden has been an outspoken critic of the so-called “data broker loophole,” which allows companies like ARC to sell sensitive information to government agencies without the need for a warrant or judicial oversight. “Americans’ privacy rights shouldn’t depend on whether they bought their tickets directly from the airline or via a travel agency,” Wyden emphasized. “ARC’s sale of data to U.S. government agencies is yet another example of why Congress needs to close the data broker loophole by passing my bipartisan bill, the Fourth Amendment Is Not For Sale Act.”
Wyden’s proposed legislation aims to ensure that the protections of the Fourth Amendment—which guards against unreasonable searches and seizures—are not circumvented by simply purchasing data from third parties. His efforts reflect growing concern in Congress and among civil liberties groups that the government’s appetite for data is outpacing the legal frameworks meant to protect citizens’ rights. The fact that ARC’s contract with Customs and Border Protection included a request to keep its role secret only adds fuel to the fire, raising questions about what else might be hidden from public view.
For their part, ARC and its airline backers have defended the ongoing sale of flight data to the government. In a statement to 404 Media, ARC cited the crucial role its data plays in supporting national security and preventing criminal activity. “ARC’s data is used by the U.S. intelligence and law enforcement community to support national security and prevent criminal activity,” the company stated. “Our relationship with the U.S. government has likely contributed to the prevention and apprehension of criminals involved in human trafficking, drug trafficking, money laundering, sex trafficking, national security threats, terrorism and other imminent threats of harm to the United States.”
This defense echoes a familiar refrain in post-9/11 America: that the collection and analysis of large amounts of personal data are necessary tools in the fight against crime and terrorism. Supporters of such programs argue that access to comprehensive travel records can help authorities track down fugitives, disrupt trafficking rings, and foil potential terror plots. They point to instances where rapid access to travel data has led to arrests or prevented harm, suggesting that the benefits to public safety outweigh the risks to privacy.
Yet, critics remain unconvinced. The scale of ARC’s data sales and the lack of judicial oversight have alarmed privacy advocates, who warn that such arrangements set a dangerous precedent. The fact that agencies can monitor people’s movements across the country—and even internationally—without a warrant strikes many as an unacceptable intrusion. “If the government can buy its way around constitutional protections, what’s to stop it from doing the same with other types of sensitive data?” asked one legal expert familiar with the case. The concern is not merely theoretical; as more aspects of daily life become digitized and intermediated by third parties, the opportunities for government surveillance multiply.
The controversy also highlights the complex relationship between consumers, corporations, and the state in the digital age. Most travelers have no idea that their flight details are being stored, sold, and searched by entities far removed from the ticket counter. The involvement of major airlines as both data collectors and sellers adds another layer of complexity—and, for some, betrayal. Many consumers assume that purchasing a ticket is a private transaction, not an entry in a vast government-accessible database.
As the debate intensifies, the future of data privacy in America hangs in the balance. Will Congress act to close the data broker loophole, or will agencies continue to exploit these back channels? For now, one thing is clear: the next time you book a flight, your journey may be tracked more closely than you ever imagined.
With lawmakers like Senator Wyden pushing for reform and data brokers like ARC defending their practices, the outcome remains uncertain. But as the scale of surveillance comes into sharper focus, the conversation about privacy, security, and the rights of ordinary travelers is unlikely to fade from the public eye anytime soon.
