If enacted, SB3372 would significantly alter the landscape of federal surveillance practices by limiting the scope of what the government can do under FISA. It would prohibit the electronic surveillance of U.S. persons, the physical search of premises controlled by them, and the use of pen registers or trap and trace devices for their surveillance. By doing so, it aims to enhance civil liberties and decrease the chances of unwarranted government intrusion into the lives of individuals deemed 'U.S. persons', effectively providing a legal framework that constrains governmental overreach.
Summary
SB3372, titled the Fourth Amendment Restoration and Protection Act, aims to amend the Foreign Intelligence Surveillance Act (FISA) of 1978 by imposing restrictions on the surveillance of United States persons. The bill explicitly prohibits the use of surveillance authorities under FISA for monitoring U.S. citizens and further restricts the use of information acquired under such surveillance in criminal, civil, or administrative proceedings. This is seen as an effort to reinforce privacy protections guaranteed by the Fourth Amendment, especially in light of increasing concerns over surveillance practices by government agencies.
Contention
The proposed bill has the potential to spark debate around national security versus personal privacy. Proponents of SB3372 argue that it is necessary to restore the principles of the Fourth Amendment, which they believe have been eroded by surveillance practices endorsed by previous administrations. However, critics contend that the limitations outlined in the bill could hinder national security efforts, making it harder for intelligence agencies to monitor potential threats. Balancing privacy rights with intelligence gathering will remain a contentious issue as this bill progresses through legislative discussions.
Fourth Amendment Restoration ActThis bill repeals the Foreign Intelligence Surveillance Act of 1978 (which authorizes various types of searches and surveillance for foreign intelligence purposes) and limits surveillance of U.S. citizens.The bill requires that an officer of the U.S. government 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 intentionally (1) violates these requirements without statutory authorization, or (2) discloses or uses information that the person knows (or has a reason to know) was obtained under color of law by methods that violate these requirements. 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.