I 
118TH CONGRESS 
1ST SESSION H. R. 4639 
To amend section 2702 of title 18, United States Code, to prevent law 
enforcement and intelligence agencies from obtaining subscriber or cus-
tomer records in exchange for anything of value, to address communica-
tions and records in the possession of intermediary internet service pro-
viders, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 14, 2023 
Mr. DAVIDSON (for himself, Mr. NADLER, Mr. BIGGS, Ms. LOFGREN, Mr. 
BUCK, Ms. JAYAPAL, Mr. MASSIE, and Ms. JACOBS) introduced the fol-
lowing bill; which was referred to the Committee on the Judiciary, and 
in addition to the Permanent Select Committee on Intelligence, for a pe-
riod to be subsequently determined by the Speaker, in each case for con-
sideration of such provisions as fall within the jurisdiction of the com-
mittee concerned 
A BILL 
To amend section 2702 of title 18, United States Code, 
to prevent law enforcement and intelligence agencies 
from obtaining subscriber or customer records in ex-
change for anything of value, to address communications 
and records in the possession of intermediary internet 
service providers, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Fourth Amendment 
Is Not For Sale Act’’. 
SEC. 2. PROTECTION OF RECORDS HELD BY DATA BRO-
KERS. 
Section 2702 of title 18, United States Code, is 
amended by adding at the end the following: 
‘‘(e) PROHIBITION ON OBTAINING IN EXCHANGE FOR 
ANYTHING OF VALUE CERTAIN RECORDS AND INFORMA-
TION BY LAW ENFORCEMENT AND INTELLIGENCE AGEN-
CIES.— 
‘‘(1) DEFINITIONS.—In this subsection— 
‘‘(A) the term ‘covered customer or sub-
scriber record’ means a covered record that is— 
‘‘(i) disclosed to a third party by— 
‘‘(I) a provider of an electronic 
communication service to the public or 
a provider of a remote computing 
service of which the covered person 
with respect to the covered record is a 
subscriber or customer; or 
‘‘(II) an intermediary service pro-
vider that delivers, stores, or proc-
esses communications of such covered 
person; 
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‘‘(III) location information; 
‘‘(D) the term ‘electronic device’ has the 
meaning given the term ‘computer’ in section 
1030(e); 
‘‘(E) the term ‘illegitimately obtained in-
formation’ means a covered record that— 
‘‘(i) was obtained— 
‘‘(I) from a provider of an elec-
tronic communication service to the 
public or a provider of a remote com-
puting service in a manner that— 
‘‘(aa) violates the service 
agreement between the provider 
and customers or subscribers of 
the provider; or 
‘‘(bb) is inconsistent with 
the privacy policy of the provider; 
‘‘(II) by deceiving the covered 
person whose covered record was ob-
tained; or 
‘‘(III) through the unauthorized 
accessing of an electronic device or 
online account; or 
‘‘(ii) was— 
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‘‘(I) obtained from a provider of 
an electronic communication service to 
the public, a provider of a remote 
computing service, or an intermediary 
service provider; and 
‘‘(II) 
collected, 
processed, 
or 
shared in violation of a contract relat-
ing to the covered record; 
‘‘(F) the term ‘intelligence community’ has 
the meaning given that term in section 3 of the 
National Security Act of 1947 (50 U.S.C. 
3003); 
‘‘(G) the term ‘location information’ means 
information derived or otherwise calculated 
from the transmission or reception of a radio 
signal that reveals the approximate or actual 
geographic location of a customer, subscriber, 
or device; 
‘‘(H) the term ‘obtain in exchange for any-
thing of value’ means to obtain by purchasing, 
to receive in connection with services being pro-
vided for consideration, or to otherwise obtain 
in exchange for consideration, including an ac-
cess fee, service fee, maintenance fee, or licens-
ing fee; 
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‘‘(I) the term ‘online account’ means an 
online account with an electronic communica-
tion service to the public or remote computing 
service; 
‘‘(J) the term ‘pertain’, with respect to a 
person, means— 
‘‘(i) information that is linked to the 
identity of a person; or 
‘‘(ii) information— 
‘‘(I) that has been anonymized to 
remove links to the identity of a per-
son; and 
‘‘(II) that, if combined with other 
information, could be used to identify 
a person; and 
‘‘(K) the term ‘third party’ means a person 
who— 
‘‘(i) is not a governmental entity; and 
‘‘(ii) in connection with the collection, 
disclosure, obtaining, processing, or shar-
ing of the covered record at issue, was not 
acting as— 
‘‘(I) a provider of an electronic 
communication service to the public; 
or 
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‘‘(II) a provider of a remote com-
puting service. 
‘‘(2) LIMITATION.— 
‘‘(A) IN
GENERAL.—A law enforcement 
agency of a governmental entity and an element 
of the intelligence community may not obtain 
from a third party in exchange for anything of 
value a covered customer or subscriber record 
or any illegitimately obtained information. 
‘‘(B) INDIRECTLY
ACQUIRED
RECORDS 
AND INFORMATION.—The limitation under sub-
paragraph (A) shall apply without regard to 
whether the third party possessing the covered 
customer or subscriber record or illegitimately 
obtained information is the third party that ini-
tially obtained or collected, or is the third party 
that initially received the disclosure of, the cov-
ered customer or subscriber record or illegit-
imately obtained information. 
‘‘(3) LIMIT
ON
SHARING
BETWEEN
AGEN-
CIES.—An agency of a governmental entity that is 
not a law enforcement agency or an element of the 
intelligence community may not provide to a law en-
forcement agency of a governmental entity or an ele-
ment of the intelligence community a covered cus-
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tomer or subscriber record or illegitimately obtained 
information that was obtained from a third party in 
exchange for anything of value. 
‘‘(4) PROHIBITION ON USE AS EVIDENCE.—A 
covered customer or subscriber record or illegit-
imately obtained information obtained by or pro-
vided to a law enforcement agency of a governmental 
entity or an element of the intelligence community in 
violation of paragraph (2) or (3), and any evidence 
derived therefrom, may not be received in evidence 
in any trial, hearing, or other proceeding in or be-
fore any court, grand jury, department, officer, 
agency, regulatory body, legislative committee, or 
other authority of the United States, a State, or a 
political subdivision thereof. 
‘‘(5) MINIMIZATION PROCEDURES.— 
‘‘(A) IN GENERAL.—The Attorney General 
shall adopt specific procedures that are reason-
ably designed to minimize the acquisition and 
retention, and prohibit the dissemination, of in-
formation pertaining to a covered person that is 
acquired in violation of paragraph (2) or (3). 
‘‘(B) USE BY AGENCIES.—If a law enforce-
ment agency of a governmental entity or ele-
ment of the intelligence community acquires in-
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formation pertaining to a covered person in vio-
lation of paragraph (2) or (3), the law enforce-
ment agency of a governmental entity or ele-
ment of the intelligence community shall mini-
mize the acquisition and retention, and prohibit 
the dissemination, of the information in accord-
ance with the procedures adopted under sub-
paragraph (A).’’. 
SEC. 3. REQUIRED DISCLOSURE. 
Section 2703 of title 18, United States Code, is 
amended by adding at the end the following: 
‘‘(i) COVERED CUSTOMER OR SUBSCRIBER RECORDS 
AND ILLEGITIMATELY OBTAINED INFORMATION.— 
‘‘(1) DEFINITIONS.—In this subsection, the 
terms ‘covered customer or subscriber record’, ‘ille-
gitimately obtained information’, and ‘third party’ 
have the meanings given such terms in section 
2702(e). 
‘‘(2) LIMITATION.—Unless a governmental enti-
ty obtains an order in accordance with paragraph 
(3), the governmental entity may not require a third 
party to disclose a covered customer or subscriber 
record or any illegitimately obtained information if a 
court order would be required for the governmental 
entity to require a provider of remote computing 
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‘‘(4) an intermediary service provider shall not 
knowingly divulge— 
‘‘(A) to any person or entity the contents 
of a communication while in electronic storage 
by that provider; or 
‘‘(B) to any governmental entity a record 
or other information pertaining to a subscriber 
to or customer of, a recipient of a communica-
tion from a subscriber to or customer of, or the 
sender of a communication to a subscriber to or 
customer of, the provider of electronic commu-
nication service to the public or the provider of 
remote computing service for, or on behalf of, 
which the intermediary service provider directly 
or indirectly delivers, transmits, stores, or proc-
esses communications.’’. 
SEC. 5. LIMITS ON SURVEILLANCE CONDUCTED FOR FOR-
EIGN 
INTELLIGENCE 
PURPOSES 
OTHER 
THAN UNDER THE FOREIGN INTELLIGENCE 
SURVEILLANCE ACT OF 1978. 
(a) IN GENERAL.—Section 2511(2)(f) of title 18, 
United States Code, is amended to read as follows: 
‘‘(f)(i)(A) Nothing contained in this chapter, chapter 
121 or 206 of this title, or section 705 of the Communica-
tions Act of 1934 (47 U.S.C. 151 et seq.) shall be deemed 
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to affect an acquisition or activity described in clause (B) 
that is carried out utilizing a means other than electronic 
surveillance, as defined in section 101 of the Foreign In-
telligence Surveillance Act of 1978 (50 U.S.C. 1801). 
‘‘(B) An acquisition or activity described in this 
clause is— 
‘‘(I) an acquisition by the United States Gov-
ernment of foreign intelligence information from 
international or foreign communications that— 
‘‘(aa) is acquired pursuant to express stat-
utory authority; or 
‘‘(bb) only includes information of persons 
who are not United States persons and are lo-
cated outside the United States; or 
‘‘(II) a foreign intelligence activity involving a 
foreign electronic communications system that— 
‘‘(aa) is conducted pursuant to express 
statutory authority; or 
‘‘(bb) only involves the acquisition by the 
United States Government of information of 
persons who are not United States persons and 
are located outside the United States. 
‘‘(ii) The procedures in this chapter, chapter 121, 
and the Foreign Intelligence Surveillance Act of 1978 (50 
U.S.C. 1801 et seq.) shall be the exclusive means by which 
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electronic surveillance, as defined in section 101 of such 
Act, and the interception of domestic wire, oral, and elec-
tronic communications may be conducted.’’. 
(b) EXCLUSIVE MEANS RELATED TO COMMUNICA-
TIONS RECORDS.—The Foreign Intelligence Surveillance 
Act of 1978 (50 U.S.C. 1801 et seq.) shall be the exclusive 
means by which electronic communications transactions 
records, call detail records, or other information from com-
munications of United States persons or persons inside the 
United States are acquired for foreign intelligence pur-
poses inside the United States or from a person or entity 
located in the United States that provides telecommuni-
cations, electronic communication, or remote computing 
services. 
(c) EXCLUSIVE MEANS RELATED TO LOCATION IN-
FORMATION, WEB BROWSING HISTORY, AND INTERNET 
SEARCH HISTORY.— 
(1) DEFINITION.—In this subsection, the term 
‘‘location information’’ has the meaning given that 
term in subsection (e) of section 2702 of title 18, 
United States Code, as added by section 2 of this 
Act. 
(2) EXCLUSIVE MEANS.—Title I and sections 
303, 304, 703, 704, and 705 of the Foreign Intel-
ligence Surveillance Act of 1978 (50 U.S.C. 1801 et 
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seq., 1823, 1824, 1881b, 1881c, 1881d) shall be the 
exclusive means by which location information, web 
browsing history, and internet search history of 
United States persons or persons inside the United 
States are acquired for foreign intelligence purposes 
inside the United States or from a person or entity 
located in the United States. 
(d) EXCLUSIVE
MEANS
RELATED
TO
FOURTH 
AMENDMENT-PROTECTED INFORMATION.—Title I and 
sections 303, 304, 703, 704, and 705 of the Foreign Intel-
ligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq., 
1823, 1824, 1881b, 1881c, 1881d) shall be the exclusive 
means by which any information, records, data, or tangible 
things are acquired for foreign intelligence purposes from 
a person or entity located in the United States if the com-
pelled production of such information, records, data, or 
tangible things would require a warrant for law enforce-
ment purposes. 
(e) DEFINITION.—In this section, the term ‘‘United 
States person’’ has the meaning given that term in section 
101 of the Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1801). 
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SEC. 6. LIMIT ON CIVIL IMMUNITY FOR PROVIDING INFOR-
MATION, FACILITIES, OR TECHNICAL ASSIST-
ANCE 
TO 
THE 
GOVERNMENT 
ABSENT 
A 
COURT ORDER. 
Section 2511(2)(a) of title 18, United States Code, 
is amended— 
(1) in subparagraph (ii), by striking clause (B) 
and inserting the following: 
‘‘(B) a certification in writing— 
‘‘(I) by a person specified in section 
2518(7) or the Attorney General of the United 
States; 
‘‘(II) that the requirements for an emer-
gency authorization to intercept a wire, oral, or 
electronic communication under section 2518(7) 
have been met; and 
‘‘(III) that the specified assistance is re-
quired,’’; and 
(2) by striking subparagraph (iii) and inserting 
the following: 
‘‘(iii) For assistance provided pursuant to a certifi-
cation under subparagraph (ii)(B), the limitation on 
causes of action under the last sentence of the matter fol-
lowing subparagraph (ii)(B) shall only apply to the extent 
that the assistance ceased at the earliest of the time the 
application for a court order was denied, the time the com-
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munication sought was obtained, or 48 hours after the 
interception began.’’. 
Æ 
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