Fourth Amendment Is Not For Sale Act

This bill prohibits law enforcement and intelligence agencies from buying customer records or data from data brokers and other third parties, and sets rules for how the government can obtain such data. It also limits surveillance for foreign intelligence purposes to specific legal procedures under the Foreign Intelligence Surveillance Act (FISA).

Sec. 2, Protection of records held by data brokers: This section adds a new subsection to federal law that bars law enforcement agencies and intelligence community elements from obtaining covered customer or subscriber records or illegitimately obtained information from a third party in exchange for anything of value. It defines key terms like "covered customer or subscriber record," "illegitimately obtained information," and "third party." It also prohibits agencies from sharing such data with law enforcement or intelligence if it was obtained for value, and bars the use of such data as evidence in legal proceedings. The Attorney General must adopt minimization procedures for any information acquired in violation.

Sec. 3, Required disclosure: This section adds a new subsection to federal law that prevents a governmental entity from requiring a third party to disclose a covered customer or subscriber record or illegitimately obtained information unless a court order is obtained. The court may only issue such an order under the same standards and limitations that would apply to requiring disclosure by a provider of electronic communication or remote computing service, applying the most stringent standard under federal statute or the Constitution.

Sec. 4, Intermediary service providers: This section defines "intermediary service provider" as an entity that delivers, stores, or processes communications for or on behalf of a provider of electronic communication or remote computing service. It also prohibits such intermediary providers from knowingly divulging the contents of stored communications to any person or entity, or records pertaining to subscribers or customers to any governmental entity.

Sec. 5, Limits on surveillance conducted for foreign intelligence purposes other than under FISA: This section amends federal law to specify that certain acquisitions of foreign intelligence from international or foreign communications, or involving foreign electronic communications systems, are not affected by other chapters if conducted without electronic surveillance as defined in FISA. It also establishes that FISA is the exclusive means for acquiring communications records, location information, web browsing history, internet search history, and other Fourth Amendment-protected information for foreign intelligence purposes from persons or entities inside the United States.

Sec. 6, Limit on civil immunity for providing information, facilities, or technical assistance to the government absent a court order: This section amends federal law to require that, for a provider to receive civil immunity for assisting the government in an emergency interception, the certification must be in writing by a specified person or the Attorney General, stating that the requirements for emergency authorization have been met. The immunity only applies if the assistance stops at the earliest of when the court order is denied, the communication is obtained, or 48 hours after interception began.