Rep. Warren Davidson's (R-OH) 'Fourth Amendment Not For Sale Act' may come to a vote, but the process is unclear.
Rep. Warren Davidson , who sits on the House Judiciary Committee, had pushed to incorporate the “Fourth Amendment Is Not For Sale Act” in broader legislation to reauthorize Section 702, a powerful government spy tool. Davidson’s bill would force federal agencies to obtain a court order to purchase commercially owned data of U.S. citizens, such as their online activity and location information.
“I think in context of this week, there’s a concern that if you allow a vote and only by suspension, the goal is to make sure that it doesn’t pass, on the one hand,” Davidson said. “And on the other, to simultaneously let people say, ‘Oh, well, I voted for this Fourth Amendment’s Not for Sale thing to protect your privacy, but I had to vote against the warrant requirement.
In the lead-up to Section 702’s expiration, the Judiciary and Intelligence committees introduced competing proposals with a slate of new reforms that primarily involved tightening restrictions on the FBI’s use of the surveillance program. Although the two committees largely agreed on most of the reforms, they have remained deeply divided on whether to require FBI agents to obtain warrants when using Section 702 to search data belonging to U.S. persons.
Then, Davidson said, Turner “successfully persuaded” the speaker to pull the Not For Sale Act from the bill. “And then, when he became speaker, the Intel Committee has coerced him to go along with the Intel viewpoint,” Davidson said. “So now the speaker is working to prevent the warrant requirement from passing and has pulled the Fourth Amendment Not For Sale from consideration.”Johnson has not only drawn ire from Davidson and others in his party but also from outside groups, such as Demand Progress, an organization that has been urging Congress to rein in government spy powers.
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