Should Congress limit Law Enforcement’s access to customers’ personal data collected by companies?
If passed, HR 4639 would prevent law enforcement agencies from buying people's personal data from third parties without a warrant. This is intended to safeguard Fourth Amendment rights, which protect against unreasonable searches and seizures. This bill would also exclude intelligence agencies from obtaining this information without a warrant, including activity protected by the Foreign Intelligence Surveillance Act when involving a US citizen or when it is conducted on US soil.
Sponsor: Rep. Warren Davidson (Republican, Ohio, District 8)
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Opponents say
• "This provision would have a profoundly negative effect on public safety and on the ability of law enforcement to conduct investigations into violent crimes like murder, kidnapping, terrorism, and other serious threats. The bill would cut off access to vital investigative tools routinely used by law enforcement agencies every day—tools that generate leads into crucial and often complex cases. Investigators do this by selectively using third-party data, which is widely available for use for a variety of purposes that have nothing to do with public safety. If Congress acts to impose a probable cause standard for this type of information, routine investigations will become arduous and time consuming—delaying justice for victims. Investigations in which time is a factor—like kidnappings or human trafficking—will become impossible to solve, and lives could be lost. " Source: Patrick Yoes, National President of the Fraternal Order of Police
• "I spoke to a sheriff earlier today, and to paraphrase what he said: there should absolutely be a probable cause standard but sometimes there’s a probable cause where you couldn’t get a warrant or where you wouldn’t have enough information to get a warrant." Source: Rep. Austin Scott (Republican, Georgia, District 8)
Proponents say
• "It is both sensible and necessary to close the data broker loophole that allows the government to buy some of our most sensitive personal data – like location records. In addition to closing this loophole, our bipartisan, bicameral Fourth Amendment is Not For Sale Act would crucially prevent intelligence agencies from using private data purchases and other means to circumvent the legal regime that Congress has put in place to prevent mass surveillance of Americans. Our digital data opens a window into the most sensitive areas of our private life, and this bill would be a major step forward in curbing surveillance abuse and protecting Americans' civil liberties." Source: Rep. Zoe Lofgren (Democrat, California, District 18).
• "The sale and purchase of Americans’ data without judicial oversight must end,[...] I’m proud to work with my colleagues to advance a bipartisan measure that protects the right to privacy. Under no circumstance should the government have the ability to use data privacy loopholes to bypass the Fourth Amendment and spy on American citizens." Source: Rep. Warren Davidson (Republican, Ohio, District 8)
- Fourth Amendment Is Not For Sale Act Passes Judiciary Committee (Press Release)
- What Does the Fourth Amendment Mean? (United States Courts)
- N.S.A. Buys Americans’ Internet Data Without Warrants, Letter Says (New York Times)
- Pharmacies share medical data with police without a warrant, inquiry finds (The Washington Post)
- Google Will Stop Providing Law Enforcement Data on Which Users Were Near a Crime (Times Magazine)
- Representative Warren Davidson’s Largest Donors (OpenSecrets)
