Closing A Loophole
Supporters say agencies have used commercial data purchases to access information that courts have said is protected by the Fourth Amendment, bypassing warrant requirements.
In plain English
Stopping agencies from buying your data.
It's a proposed law that would stop federal agencies from buying personal data — like location records — from companies when the Constitution would normally require them to get a warrant first.
Simple example
Under the bill, a federal agency could not pay a data broker for cellphone location records of Americans if obtaining the same records directly from a phone carrier would require a judge-approved warrant.
Why it matters
What the term actually changes.
Law Enforcement Tools
Opponents and some agencies argue that commercially available data is a useful investigative resource and that restrictions could impede counterterrorism, immigration, and criminal probes.
Test Case For Privacy Law
The bill's progress signals how Congress may approach broader questions about commercial surveillance and the boundary between private markets and constitutional protections.
How it works
The mechanics, in practice.
Purchase Restrictions
The legislation would bar covered federal agencies from buying or otherwise obtaining from third parties certain categories of data — including location and online activity — about U.S. persons.
Warrant Standard
Agencies would need to use traditional legal process, such as a warrant, subpoena, or court order, to acquire data that falls within the bill's scope.
Legislative Status
The House passed the measure in 2024, but it requires Senate passage and a presidential signature to take effect; until then, existing rules on government data purchases remain in place.
Related guide
Should Congress restrict the sale of Americans' location data?
A look at how commercial data brokers handle Americans' location information and the debate over whether federal law should limit those sales.
Read the guide → Related issue brief
Should Congress restrict the sale of Americans' location data by commercial data brokers?
Lawmakers weigh new limits on a multibillion-dollar industry amid national-security concerns and warnings about unintended economic effects.
Read the brief →You’ve learned the term. Now vote.
Should Congress restrict the sale of Americans' location data by commercial data brokers?
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