The House Judiciary Committee has made significant progress in passing the bipartisan “Fourth Amendment is Not for Sale Act,” which aims to prohibit law enforcement agencies from acquiring sensitive data without a warrant. The legislation received unanimous support and is gaining momentum in the politically divided House.
It seeks to prevent the FBI and other government agencies from purchasing private data, including individuals’ locations, from data brokers without proper legal authorization.
The lawmakers argue that selling such data to government agencies violates citizens’ Fourth Amendment rights, which protect them from “unreasonable searches and seizures.” Avril Haines, the country’s top intelligence official, admitted that the intelligence community has routinely bought substantial amounts of what she referred to as “sensitive and intimate information” from data brokers, including data protected by the Fourth Amendment. The bill’s supporters believe it is crucial to address the issue and ensure citizens’ privacy and civil liberties are safeguarded.
In addition to barring warrantless data sales, the legislation would prevent the government from buying data from companies like Clearview AI, known for its facial recognition tool built from social media photos.
It would also strip the U.S. attorney general’s authority to grant civil immunity to providers and other third parties sharing surveillance data not required or permitted by law. The bill aims to expand privacy laws to cover firms owning data cables and cell towers while also preventing the intelligence community from acquiring metadata revealing Americans’ international calls, texts, and emails to contacts abroad and foreign website browsing history, all of which previously required a court order for access.
Sen. Ron Wyden, who introduced a Senate version of the act, emphasizes the necessity of preventing data brokers from compromising fundamental rights, pledging to continue fighting for the bill until it becomes law. Privacy advocates have praised the committee’s action, highlighting the rampant Fourth Amendment violations that need to be addressed to protect citizens’ rights.
The legislation’s passage in the House panel marks a significant step toward enhancing data privacy and ensuring that law enforcement agencies comply with appropriate legal procedures when accessing sensitive information.
