Fourth Amendment Restoration Act
This bill, titled the Fourth Amendment Restoration Act, would repeal the Foreign Intelligence Surveillance Act (FISA) of 1978 and replace it with a framework that requires warrants issued by federal courts for surveillance of United States citizens. It tightens privacy protections by prohibiting the use of certain information about U.S. citizens obtained through surveillance, and by restricting how information about U.S. persons can be used if collected incidentally during surveillance of non-U.S. persons. It also sets criminal penalties for unauthorized surveillance or disclosure of information obtained under color of law. In short, the measure aims to restore bright-line, warrant-based protections for U.S. persons while limiting the use of collected information in prosecutions and imposing criminal sanctions for violations.
Key Points
- 1Repeals the Foreign Intelligence Surveillance Act of 1978 (FISA), removing the existing statutory framework for foreign intelligence surveillance.
- 2Reinstates warrant-based surveillance for United States persons: any electronic surveillance, physical search, pen register/trap-and-trace installation, production of records, or targeting of a U.S. citizen for foreign intelligence purposes requires a warrant issued under Federal Rules of Criminal Procedure by a federal court.
- 3Minimization and non-use provisions: information concerning a U.S. citizen obtained under Executive Order 12333 or incidental to surveillance of a non-U.S. citizen cannot be used in evidence against that U.S. citizen in criminal, civil, or administrative proceedings.
- 4Definitions: provides specific definitions for terms used in the act, including “foreign intelligence information,” “electronic surveillance,” and “wire communication,” to guide the scope of what is regulated.
- 5Criminal sanctions: creates offenses for unauthorized surveillance or disclosure of information obtained without proper authorization, with defenses for law enforcement acting under a valid warrant, and penalties including fines up to $10,000 and imprisonment of at least five years.