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Fourth Amendment Is Not For Sale Act - H.R.4639

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Name
Type
Government
Date Initiated
Status
Last Updated

Summary

The bill expands prohibited disclosures of stored electronic communications under the Stored Communications Act. The Stored Communications Act generally prohibits certain technology providers—remote computing service (RCS) providers and electronic communication service (ECS) providers—from disclosing the contents of stored electronic communications to anyone, including the government; and records or information pertaining to a customer or subscriber to a government entity.

The bill extends the general prohibitions on disclosure to an additional type of technology provider: intermediary service providers. Intermediary service providers (commonly referred to as data brokers) are companies that deliver, store, or process communications for RCS and ECS providers. It also limits the authority of law enforcement agencies and intelligence agencies to access certain customer and subscriber records or illegitimately obtained information. With respect to such records, the bill:

  • prohibits law enforcement agencies and intelligence agencies from obtaining the records or information from a third party in exchange for anything of value (e.g., purchasing them);
  • prohibits other government agencies from sharing the records or information with law enforcement agencies and intelligence agencies; and
  • prohibits the use of such records or information in any trial, hearing, or proceeding.

Additionally, the bill requires the government to obtain a court order before acquiring certain customer and subscriber records or any illegitimately obtained information from a third party.

Updates

July 19, 2023. Passed out of the Committee on the Judiciary by a vote of 30 - 0.

April 15, 2024. Reported to the House by the Committee on Judiciary. Placed on the House calendar for a vote.

April 16, 2024. A resolution introduced in the House to consider the bill, among others. The resolution agreed to by a vote of 214 - 208.

April 17, 2024. Passed the House by a vote of 219 - 199, with 1 present.

Further reading