NEW: A bill to prevent police from buying Americans' data is moving quickly through the mechanisms of Congress, with a hearing scheduled for tomorrow. If passed, it would be major privacy legislation the likes of which we haven't seen in years.
, in which the Supreme Court ruled that the government’s warrantless acquisition of cellular records, which can be used to track a person’s movements, had violated the rights of a 32-year-old man who'd been convicted of carrying out a string of robberies.
In its 5–4 opinion, the court refers to police demanding or “compelling” access to data, something that literal interpreters of the law say places commercial arrangements with data brokers squarely outside the scope of the court opinion.
What rules or guidelines do exist within the intelligence community for purchasing commercial data often justify the activity by deeming the information “publicly available,” pointing to the fact that it may be open for purchase by not only private companies but foreign governments as well.
“None of those other entities can arrest you, can charge you with a crime, try you, sentence you, imprison you, restrain you, enjoin you, fine you, tax you,” Goodlatte says. “All of those are powers of government, and any American should be concerned about the ease with which the federal government can gather information about people.”
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