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Fourth Amendment Restoration Act
12/29/2022, 5:18 PM
Summary of Bill HR 8173
The Fourth Amendment to the US Constitution protects citizens from unreasonable searches and seizures by the government. The Fourth Amendment Restoration Act aims to reinforce these protections by placing limitations on the government's ability to conduct searches and seizures without a warrant.
Specifically, the bill prohibits the government from conducting warrantless searches of electronic communications, such as emails and text messages. It also requires law enforcement agencies to obtain a warrant before using surveillance technology, such as drones or stingrays, to gather information on individuals. Additionally, the Fourth Amendment Restoration Act includes provisions to increase transparency and accountability in government surveillance activities. It requires law enforcement agencies to report on the number of searches and seizures conducted without a warrant, as well as the number of warrants issued and denied. Overall, the Fourth Amendment Restoration Act seeks to uphold the principles of privacy and due process enshrined in the Fourth Amendment. By placing restrictions on warrantless searches and seizures, the bill aims to protect the rights of American citizens and ensure that government surveillance activities are conducted in a lawful and transparent manner.
Congressional Summary of HR 8173
Fourth Amendment Restoration Act
This bill limits surveillance conducted for foreign intelligence purposes.
Specifically, the bill repeals provisions authorizing without a court order various types of searches and surveillance for foreign intelligence purposes, including electronic surveillance and access to business records.
An officer of the U.S. government must obtain a warrant for certain search and surveillance activities against a U.S. citizen, including (1) conducting electronic surveillance, (2) conducting physical searches of property under a U.S. citizen's exclusive control, or (3) targeting a U.S. citizen to acquire foreign intelligence information. The bill provides for criminal penalties for a person who knowingly violates these requirements or otherwise obtains such information under color of law without statutory authorization.
Information about a U.S. citizen acquired under Executive Order 12333 (relating to intelligence gathering) or during surveillance of a non-U.S. citizen shall not be used against the U.S. citizen in any civil, criminal, or administrative proceeding or investigation.
