Sponsors (2)
Requires warrants for most government access to third‑party data, limits biometric and vehicle-tracking use without consent, and creates a private right of action for Fourth Amendment violations.
Official title: To amend title 18, United States Code, to ensure that all searches that significantly impinge on the privacy or security of a person require a warrant based on probable cause, to provide a right of action for violations of Fourth Amendment rights, and for other purposes.
Introduced April 23, 2026 by Thomas Massie · Last progress April 23, 2026
The bill substantially strengthens individual Fourth Amendment privacy protections and private remedies (warrants required for much third‑party data, limits on biometric surveillance, and personal liability for violations) at the cost of greater burdens, potential delays for law enforcement, and increased litigation and compliance costs for federal employees, agencies, and businesses.
Most people's digital data held by ISPs, cloud providers, banks, and data brokers will generally require a warrant before government access, strengthening Fourth Amendment privacy protections.
Use of intrusive surveillance tools — including facial recognition, other biometric tracking, and automated license‑plate tracking — is restricted without a warrant, reducing mass surveillance risks.
Routine contractual waivers (hidden consent terms in service agreements) are invalidated for government access, protecting consumers from unknowingly surrendering privacy rights.
Law enforcement will face higher operational burdens and delays to obtain warrants for third‑party digital data, which could slow investigations and impede public‑safety or national‑security outcomes.
Stronger privacy limits and a narrowly applied exigent‑circumstances exception could hamper rapid, time‑sensitive law‑enforcement responses, risking public health and safety in some emergencies.
Individual federal employees will face increased risk of lawsuits and personal liability, raising legal costs for employees and potentially harming morale, recruitment, and retention at federal agencies.
Based on analysis of 3 sections of legislative text.
Creates a strong warrant requirement before the government can access data and personal information held by third parties, limits many forms of warrantless surveillance (including biometric and license-plate/vehicle tracking), and establishes a private cause of action for people whose Fourth Amendment rights are violated by federal actors. It preserves a short list of exceptions (plain view, consent, exigent circumstances, publicly available information, ID checks) and clarifies definitions and constructions to avoid interfering with other constitutional protections and routine brief investigatory steps.