Fourth Amendment Is Not For Sale Act

Bill: 118-hr-4639
Sponsor: Rep. Davidson, Warren [R-OH-8]
Introduced: 2023-07-14 in the House
Policy area: Crime and Law Enforcement
Subjects: Business records
Civil actions and liability
Computers and information technology
Constitution and constitutional amendments
Consumer affairs
Criminal investigation, prosecution, interrogation
Criminal procedure and sentencing
Intelligence activities, surveillance, classified information
Internet, web applications, social media
Right of privacy
Telephone and wireless communication

Summary:
action_date: 2023-07-14
text: 

Fourth Amendment Is Not For Sale Act

 
This bill expands prohibited disclosures of stored electronic communications under the Stored Communications Act.
 
The Stored Communications Act generally prohibits certain technology providers&#8212;remote computing service (RCS) providers and electronic communication service (ECS) providers&#8212;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. 
 
This 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. 
 
The bill 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 aquiring certain customer and subscriber records or any illegitimately obtained information from a third party. 


Legislative actions:
action_date: 2024-04-18
text: Received in the Senate.
action_date: 2024-04-17
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2024-04-17
text: On passage Passed by the Yeas and Nays: 219 - 199, 1 Present (Roll no. 136).
action_date: 2024-04-17
text: Passed/agreed to in House: On passage Passed by the Yeas and Nays: 219 - 199, 1 Present (Roll no. 136).
action_date: 2024-04-17
text: The House adopted the amendments en gross as agreed to by the Committee of the Whole House on the state of the Union.
action_date: 2024-04-17
text: The previous question was ordered pursuant to the rule.
action_date: 2024-04-17
text: The House rose from the Committee of the Whole House on the state of the Union to report H.R. 4639.
action_date: 2024-04-17
text: The House resolved into Committee of the Whole House on the state of the Union for further consideration.
action_date: 2024-04-17
text: Considered as unfinished business. (consideration: CR H2480-2481)
action_date: 2024-04-17
text: Committee of the Whole House on the state of the Union rises leaving H.R. 4639 as unfinished business.
action_date: 2024-04-17
text: On motion that the committee rise Agreed to by voice vote.
action_date: 2024-04-17
text: Mr. Davidson moved that the committee rise.
action_date: 2024-04-17
text: POSTPONED PROCEEDINGS - At the conclusion of debate on the LaLota amendment No. 3, the Chair put the question on agreeing to the amendment and by voice vote, announced that the noes had prevailed. Mr. LaLota demanded a recorded vote, and the Chair postponed further proceedings until a time to be announced.
action_date: 2024-04-17
text: DEBATE - Pursuant to the provisions of H.Res. 1149, the Committee of the Whole proceeded with 10 minutes of debate on the LaLota amendment No. 3.
action_date: 2024-04-17
text: DEBATE - Pursuant to the provisions of H.Res. 1149, the Committee of the Whole proceeded with 10 minutes of debate on the Higgins (LA) amendment No. 2.
action_date: 2024-04-17
text: DEBATE - Pursuant to the provisions of H.Res. 1149, the Committee of the Whole proceeded with 10 minutes of debate on the Davidson amendment No. 1.
action_date: 2024-04-17
text: GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 4639.
action_date: 2024-04-17
text: The Speaker designated the Honorable Jerry L. Carl to act as Chairman of the Committee.
action_date: 2024-04-17
text: House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 1149 and Rule XVIII.
action_date: 2024-04-17
text: Rule provides for consideration of H.R. 6323, H. Res. 1143, H.R. 4691, H.R. 5947, H.R. 6046 and H.R. 4639. The resolution provides for consideration of H.R. 6323, H. Res. 1143, H.R. 4691, H.R. 5947, and H.R. 6046 under a closed rule, and for consideration of H.R. 4639 under a structured rule. The resolution provides for one hour of debate on each measure and one motion to recommit on H.R. 6323, H.R. 4691, H.R. 5947, H.R. 6046, and H.R. 4639.
action_date: 2024-04-17
text: Considered under the provisions of rule H. Res. 1149. (consideration: CR H2459-2468; text: CR H2463-2465)
action_date: 2024-04-16
text: Rule H. Res. 1149 passed House.
action_date: 2024-04-16
text: Rules Committee Resolution H. Res. 1149 Reported to House. Rule provides for consideration of H.R. 6323, H. Res. 1143, H.R. 4691, H.R. 5947, H.R. 6046 and H.R. 4639. The resolution provides for consideration of H.R. 6323, H. Res. 1143, H.R. 4691, H.R. 5947, and H.R. 6046 under a closed rule, and for consideration of H.R. 4639 under a structured rule. The resolution provides for one hour of debate on each measure and one motion to recommit on H.R. 6323, H.R. 4691, H.R. 5947, H.R. 6046, and H.R. 4639.
action_date: 2024-04-15
text: Placed on the Union Calendar, Calendar No. 381.
action_date: 2024-04-15
text: Committee on Intelligence (Permanent) discharged.
action_date: 2024-04-15
text: Committee on Intelligence (Permanent) discharged.
action_date: 2024-04-15
text: Reported by the Committee on Judiciary. H. Rept. 118-459, Part I.
action_date: 2024-04-15
text: Reported by the Committee on Judiciary. H. Rept. 118-459, Part I.
action_date: 2023-07-19
text: Committee Consideration and Mark-up Session Held
action_date: 2023-07-19
text: Ordered to be Reported by the Yeas and Nays: 30 - 0.
action_date: 2023-07-14
text: Referred to the Committee on the Judiciary, and in addition to the Committee on Intelligence (Permanent Select), for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2023-07-14
text: Referred to the Committee on the Judiciary, and in addition to the Committee on Intelligence (Permanent Select), for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2023-07-14
text: Introduced in House
action_date: 2023-07-14
text: Introduced in House