In Congress: The Fourth Amendment is Not for Sale Act

The House Judiciary Committee moved forward on Wednesday with a bill aimed at addressing concerns related to data brokers selling consumer information to law enforcement and federal agencies. The legislation aims to close existing loopholes that allow law enforcement to access this data without obtaining a warrant, which has raised issues related to Fourth Amendment protections against warrantless searches. The bill has bipartisan support, with four Republicans and four Democrats, including Rep. Jerry Nadler of New York, co-sponsoring it in the House.

Rep. Nadler emphasized the importance of the Fourth Amendment and the need for law enforcement to obtain a warrant when collecting information about individuals. He criticized the current practice of federal law enforcement agencies purchasing data from data brokers, which allows them to bypass the judicial system and access private information easily.

Sen. Ron Wyden, the original sponsor of the bill in the Senate, praised the Committee's decision to advance the legislation. He intends to incorporate aspects of the bill into a more comprehensive surveillance reform legislation in the near future.

The bill's reintroduction coincides with a defense spending amendment that restricts the Department of Defense from buying data from data brokers, showing a growing bipartisan consensus on the need to regulate law enforcement's access to such data.

Experts and civil liberties advocates have welcomed the bill as a step towards protecting Americans' privacy rights. The government's practice of purchasing personal data from data brokers, including location information and internet records, has raised concerns about privacy and civil liberties violations.

The use of geolocation data, for example, allows law enforcement to avoid the usual warrant process required when obtaining such data directly from phone companies. This lack of oversight has sparked significant interest in regulating data broker purchases.

The bill was originally introduced in 2021 but failed to advance out of committee. However, it gained momentum amid debates surrounding the renewal of Section 702 of the Foreign Intelligence Surveillance Act, which allows the collection of data from foreign intelligence targets, inadvertently including American citizens' data.

During discussions on reforming the law, concerns over data broker purchases emerged as a recurring topic, leading civil liberties advocates to argue that addressing commercial data purchases is crucial to prevent law enforcement from exploiting other loopholes to evade the Fourth Amendment.

While the bill received strong support in the committee, its future in the House remains uncertain. Some lawmakers argue in favor of granting access to such data for legislative purposes, making it challenging to predict the bill's overall level of support.

References
CyberScoop
Wired