During remarks on the House floor last week, Rep. Sara Jacobs (D-CA) spoke about a 'loophole' that allows law enforcement to purchase private information through third parties.
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NewsTranscript
00:00Mr. Chairman, I now yield two minutes to the distinguished gentlelady from California,
00:07Representative Jacobs.
00:09Thank you, Ranking Member Nadler, for your leadership on this issue.
00:13Under almost any other circumstance, law enforcement and intelligence agencies need a warrant to
00:18access our personal information.
00:20Even, even in the cases of utmost national security, like when Americans are suspected
00:26of terrorism, espionage, or cybercrimes, our government gets a warrant.
00:32This process isn't too burdensome, and it doesn't prevent law enforcement from investigating
00:37crimes or bringing people to justice.
00:39But there are a few loopholes in this process when it comes to Section 702 queries and this
00:46data broker loophole, which allows our government to circumvent our Fourth Amendment rights
00:51to access our personal information without a warrant, a court order, or even a subpoena.
00:57This is only legal because they're buying the information.
01:01But our rights shouldn't have a price, and cash shouldn't hold the same legitimacy as
01:06a warrant.
01:08Law enforcement claims, they even say, they say this, this is their claim.
01:13This loophole, this data that they buy from data brokers is most useful before probable
01:18cause can be demonstrated.
01:21That is the whole point of the Fourth Amendment, of our right to prevent unreasonable seizures
01:27and searches.
01:30If you can't establish probable cause, you shouldn't be able to access or buy this information
01:34unless a court says otherwise.
01:37That's why we need this bipartisan Fourth Amendment is not for sale act, which I'm proud
01:41to co-lead.
01:43Our bill doesn't inhibit law enforcement's investigations.
01:46Instead, it ensures that police searches are above board, follow due process, and protect
01:51Americans' privacy.
01:53And in a Congress where it feels almost impossible to get anything done and where the American
01:58people think all we do is disagree, this shows that we can do big things and there is a bipartisan
02:04consensus, especially when it comes to Americans' privacy rights.
02:08So I urge my colleagues on both sides of the aisle to support this bill.
02:12And Mr. Ranking Member, I yield back.