S-2576 : Still Just a Bill

The "Fourth Amendment Is Not For Sale Act" (S. 2576) aims to protect Americans' privacy by preventing law enforcement and intelligence agencies from purchasing personal data from data brokers without a warrant. Key provisions include:

• Restricting Data Purchases: Prohibits law enforcement and intelligence agencies from buying "covered customer or subscriber records" or "illegitimately obtained information" from third parties (data brokers) in exchange for anything of value.
• Defining "Covered Records": Defines "covered records" broadly to include records pertaining to individuals located inside the United States or are United States persons located outside of the United States.
  • These include records containing contents of communications or location information.
• Limiting Sharing Between Agencies: Prevents non-law enforcement agencies from sharing purchased data with law enforcement or intelligence agencies.
• Prohibiting Use as Evidence: Excludes illegally obtained data from being used as evidence in legal proceedings.
• Mandating Minimization Procedures: Requires the Attorney General to establish procedures to minimize the acquisition, retention, and dissemination of illegally obtained information.
• Requiring Court Orders: Limits governmental entities' ability to require third parties to disclose covered customer or subscriber records unless a court order is obtained. The court order must follow the same requirements for a provider of remote computing service or a provider of electronic communication service.
• Addressing Intermediary Service Providers: Prevents intermediary service providers (entities that deliver, store, or process communications) from divulging communication content or subscriber information.
• Limits on Surveillance Conducted for Foreign Intelligence: Establishes stricter requirements for foreign intelligence surveillance, ensuring that the Foreign Intelligence Surveillance Act of 1978 is the exclusive means by which electronic communications records and other sensitive information of United States persons or persons inside the United States are acquired.
• Limits on Civil Immunity for Providing Information Without a Court Order: Limits the amount of time an entity has civil immunity for providing assistance to law enforcement without a court order.