Global: Senate Reconsiders Bill to Ban Government Purchase of Americans’ Data Amid Major Security Breach

The U.S. Senate is revisiting a bipartisan bill aimed at prohibiting government agencies from purchasing Americans’ personally identifiable information (PII) from data brokers. This renewed focus comes in the wake of a massive security breach that exposed gigabytes of sensitive information, potentially affecting millions of individuals.

The bill, known as the Fourth Amendment Is Not for Sale Act, passed the House by a 219-199 vote and seeks to address a loophole that currently allows governments to acquire data from brokers without a warrant. This loophole has raised significant privacy concerns, especially following the recent hack of Florida-based data broker National Public Data. The breach, described as the largest PII compromise on record, exposed over 200 gigabytes of nearly 3 billion records, affecting U.S., Canadian, and British citizens.

The Fourth Amendment Is Not for Sale Act aims to close this legal gap by requiring that government entities obtain a court order to access data from brokers, mirroring the requirements for data held by tech and phone companies. The bill addresses the practice of data brokers, who aggregate and sell vast amounts of data with minimal oversight, often sourced from public and commercial databases, scraping websites, and user applications.

Despite strong support from many Democrats, the Biden administration opposes the legislation. The White House argues that access to commercially available information is crucial for various government functions, including national security, law enforcement, and public safety. The Office of Personnel Management emphasized that this data aids in tracking global drug shipments, detecting cyber threats, and addressing terrorism and serious crimes.

Civil liberties advocates, however, criticize the administration’s stance. Kia Hamadanchy, Senior Policy Counsel at the American Civil Liberties Union, stated, “The bipartisan passage of this bill underscores the need for a warrant to access our data. This vote should pressure the Senate to protect privacy and curb warrantless surveillance.”

The Electronic Frontier Foundation echoed these concerns, arguing that requiring a warrant for accessing location data is essential to protect privacy. They highlighted that data harvested by brokers should not be treated differently from data held by more traditional entities like phone companies.

Senator Ron Wyden, who introduced the bill nearly four years ago, emphasized the importance of safeguarding Constitutional rights in the digital age. He noted, “This bill ensures that the government cannot bypass the Fourth Amendment by purchasing data from brokers. The strong bipartisan support reflects a widespread commitment to protecting Americans’ privacy.”

Senator Patty Murray added, “Our bill mandates that the government obtain a court order for online data access, just as they would from phone companies or social media platforms. Closing this loophole is a crucial step toward enhancing privacy protections.”

In contrast, law enforcement officials argue that restricting access to data brokers would hinder investigations into serious crimes. National Fraternal Order of Police President Patrick Yoes and Executive Director Jim Pasco warned that the bill could severely impact law enforcement’s ability to solve complex cases, including violent crimes and terrorism.

They criticized the lack of engagement with law enforcement on privacy concerns and cautioned that the bill might delay justice and complicate investigations.

Key Provisions of the Fourth Amendment Is Not for Sale Act:

• Requires court orders to compel data brokers to disclose information, similar to those needed for tech and phone companies.
• Prohibits law enforcement and intelligence agencies from buying data obtained through deception, hacking, or violations of privacy policies.
• Extends privacy protections to infrastructure firms owning data cables and cell towers.
• Ensures intelligence agencies adhere to the Foreign Intelligence Surveillance Act when acquiring data on Americans, including location data and browsing history.
• Removes the Attorney General’s authority to grant civil immunity for unauthorized surveillance, retaining immunity only for court-ordered surveillance.

As the Senate debates the bill, the broader implications for privacy and law enforcement remain a focal point in this critical legislative effort.