Fourth Amendment Puddle — US Lawmakers Challenge Phone Spying

US lawmakers are swiftly mobilizing to amend a legislative loophole that enables law enforcement agencies to buy sensitive personal data, including physical location, without obtaining a warrant.

The Federal Bureau of Investigation (FBI) and the Defense Intelligence Agency are among the governmental bodies known to engage private data brokers. These agencies access sensitive personal data through these brokers, bypassing the traditional requirement of a court order.

The practice has been condemned as a violation of the Fourth Amendment, which protects US citizens against unreasonable government searches and seizures.

This alarming trend has elicited a response from the House Judiciary Committee. With Ohio's Republican Jim Jordan at the helm, the committee is convening a markup hearing to assess a bill put forward by Davidson.

This unconstitutional mass government surveillance must end.Republican congressman Warren Davidson

The proposed law, known as the Fourth Amendment Is Not For Sale Act, seeks to inhibit the purchase of American citizens' data without a subpoena, court order, or warrant. It applies to both federal agencies and local police departments.

Privacy Rights vs. National Security

The bill extends its protection to data hacked from an individual's device. Additionally, it covers data disclosed by a company's terms of service, effectively prohibiting the government from contracting with data-scraping companies like Clearview AI.

The bill enjoys bipartisan sponsorship, including four Republicans and four Democrats.

The principle here is simple," said ranking committee member, Democrat Jerry Nadler. According to him, Congress' rules should actively prevent the government from buying its way around these regulations. However, these proactive measures stem from troubling revelations.

A recent report declassified by Avril Haines, the nation's top intelligence official, disclosed that the intelligence community had purchased substantial amounts of sensitive and intimate information.

This raises concerns about the potential misuse of such data. Other legislators have expressed dismay over the FBI's admission of buying location data derived from citizens' cell phones.

The US Supreme Court has recognized Americans' expectation of privacy, particularly concerning digital information that could reveal their physical movements. However, the government has increasingly adopted the stance that the Fourth Amendment doesn't apply when data is commercially available.

Government lawyers argue that this decision does not account for collection techniques involving foreign affairs or national security.".

The government's justification typically cites the 2018 Carpenter v. United States Supreme Court decision. It ruled against the warrantless acquisition of cellular records for tracking an individual's movements.

Decisive Showdown Over Warrantless Surveillance

Bob Goodlatte, former chairman of the House Judiciary Committee, notes that data might be publicly available" to private companies or foreign governments.

However, he emphasizes that only the government has the authority to enforce legal actions, highlighting the crucial need to limit data access.

A defense measure voted on last week supports an amendment requiring a warrant for all data typically protected by the Fourth Amendment.

Sean Vitka, a senior attorney at the nonprofit Demand Progres, notes that domestic surveillance has become one of the most bipartisan issues in Congress today. The Fourth Amendment Is Not For Sale Act" is part of a larger battle for privacy rights.

According to Vitka, a significant convergence of influential political forces advocating for the enactment of substantial privacy protections for U.S. citizens is currently taking place.

This could be a prelude to an imminent struggle over Section 702 of the Foreign Intelligence Surveillance Act, the crown jewel" of the US intelligence community. This act will probably become the focus of heated debate this fall, marking the most significant confrontation against warrantless surveillance in generations.

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