HR 4639 - Fourth Amendment is Not For Sale Act - National Key Vote

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Title: Fourth Amendment is Not For Sale Act

Vote Smart's Synopsis:

Vote to pass a bill that expands prohibited disclosures of stored electronic communications under the Stored Communications Act.

Highlights:

  • Expands prohibited disclosures of stored electronic communications under the Stored Communications Act (Sec. 2-6).

  • Specifies that 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 about a customer or subscriber to a government entity (Sec. 2-6).

  • 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 (Sec. 2-6).

  • Limits the authority of law enforcement agencies and intelligence agencies to access certain customer and subscriber records or illegitimately obtained information, including (Sec. 2-6).

    • Prohibiting 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);

    • Prohibiting other government agencies from sharing the records or information with law enforcement agencies and intelligence agencies; or

    • Prohibiting the use of such records or information in any trial, hearing, or proceeding.

  • Requires the government to obtain a court order before acquiring certain customer and subscriber records or any illegitimately obtained information from a third party (Sec. 2-6).

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