House Appropriations Committee Moves to Protect Privacy Rights
Members of the Freedom Caucus have expressed their support for the House Appropriations Committee as it passed amendments to a significant funding bill aimed at safeguarding Americans’ privacy from data brokers.
“For too long, federal law enforcement has skirted the Constitution by buying and selling personal data of Americans without proper judicial oversight,” noted House Freedom Caucus Chairman Andy Harris (R-Md.), a committee member. He emphasized the importance of an amendment in this year’s Commerce, Justice, and Science (CJS) spending bill to close loopholes concerning data brokers and reinforce constitutional protections. “It’s crucial to use every tool available to counter government overreach and uphold the privacy and liberties of citizens,” he added in a statement.
Last week, the House Appropriations Committee approved an amendment proposed by Rep. Adriano Espaillat (D-N.Y.) for the CJS appropriations bill. This amendment aims to eliminate the “data broker loophole,” which currently allows law enforcement and government agencies to acquire Americans’ online data, such as browser history and location. Privacy advocates argue that this change would help uphold Fourth Amendment rights against warrantless searches.
The amendment gained bipartisan support, passing with a vote of 32 to 25.
This amendment aligns with the Fourth Amendment discussion led by Rep. Warren Davidson (R-Ohio). A similar bill received bipartisan approval in the House last year.
Congressman Andrew Clyde (R-Ga.), another Appropriations Committee member, stated, “Americans’ Fourth Amendment rights aren’t negotiable, and they surely aren’t for sale. Congress should take every chance—like the annual appropriations process—to stop the government from buying citizens’ data without a warrant.” He reaffirmed the commitment to safeguarding these constitutional rights as the bill progresses.
Reps. Lauren Boebert (R-CO) and Eric Burleson (R-MO) previously highlighted in an op-ed how federal entities’ acquisition of American data represents “official data purchases.” They underscored the necessity of obtaining warrants and closing existing loopholes regarding data brokers.
The FBI, for instance, needs a warrant to search Americans’ private communications, which raises concerns about the volume of such searches. If the government operates under the claim of only a few thousand searches a year, that seems manageable for the courts. However, if the actual number is higher, it only strengthens the argument for a warrant requirement.
Moreover, closing the data broker loophole is essential. Various bipartisan initiatives, including the Wyden-Lee-Davidson bill and Congressman Andy Biggs’ Freedom Protection Act, aim to stop the federal government from acquiring Americans’ data without judicial authorization. If warrants are essential for collecting direct location data, they should be equally necessary for purchasing that data from a broker.
Support for the amendment has crossed party lines.
Demand Progress Senior Policy Advisor Hajar Hamad remarked, “This is a significant win for our privacy rights and indicates a rising bipartisan demand for privacy protections against wrongful government surveillance. Without this urgent legislation, the government could easily evade judicial scrutiny and purchase personal data for AI surveillance systems.”
She further stated, “Congress must tackle this blatant infringement of Fourth Amendment rights before it escalates. We commend Rep. Espaillat for proposing this important amendment and demonstrating strong leadership on privacy issues.”
