July 20, 2021–Due Process Institute joined a diverse group of organizations spanning the political spectrum to urge the House and Senate Committees on the Judiciary to consider and support The Fourth Amendment Is Not For Sale Act (S.1265 / H.R.2738). Current law allows federal agencies to buy Americans’ digital data and metadata in bulk from internet marketing firms rather than obtaining court orders based on individualized probable cause.
This bipartisan legislation, recently introduced by privacy champions in both chambers, would greatly strengthen federal protections against this type of backdoor government snooping. Law enforcement and intelligence agencies would be prohibited from purchasing communications content, geolocation information, and other highly sensitive data. The bill also would limit the government’s ability to concoct new and constitutionally unsound workarounds in the future by establishing that the mechanisms provided in statute are the exclusive means by which the government may acquire such information about people in the United States.