If enacted, HB 5331 would require that surveillance orders be unsealed after a set duration, typically within a business day after the sealing period expires. It introduces a system wherein individuals can challenge redactions or sealing orders in court, thus reinforcing judicial oversight. These measures would fundamentally alter how surveillance orders operate, representing a push towards greater citizen rights and protections against potential misuse of surveillance powers. The bill also mandates regular reporting on surveillance activities by law enforcement agencies to ensure accountability.
Summary
House Bill 5331, known as the Government Surveillance Transparency Act of 2023, aims to amend Title 18 of the United States Code to enhance transparency in criminal surveillance operations. The bill proposes that individuals who are subjects of criminal surveillance orders must eventually be notified, thereby preventing indefinite nondisclosure regarding the surveillance conducted against them. This is part of a broader effort to ensure that law enforcement activities respect citizens' privacy and maintain accountability.
Contention
While the proposal to enhance transparency in surveillance processes has been generally met with support from civil rights advocates, some law enforcement agencies express concerns about the potential delays in critical investigations that such notifications could cause. Additionally, there’s apprehension regarding the implications of unsealing sensitive information that may endanger ongoing investigations. The tension lies in balancing individual privacy rights with the needs of law enforcement to conduct effective investigations without hindrance.
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.