Fourth Amendment Restoration Act: Warrants Now Required for Surveillance of U.S. Citizens, FISA Repealed

The Fourth Amendment Restoration Act is a significant overhaul of U.S. surveillance law, aiming to strengthen privacy protections for American citizens. It flat-out repeals the Foreign Intelligence Surveillance Act of 1978 (FISA) and establishes clear rules requiring federal warrants for surveillance activities targeting U.S. citizens.

Protecting Your Digital Footprint

This bill directly addresses how the government can collect and use information on U.S. citizens. It requires a federal warrant to conduct electronic surveillance, search private property, use pen registers or trap and trace devices (which track call data), or produce tangible items for foreign intelligence purposes when targeting citizens (SEC. 4). This means the feds can't just snoop on your emails, phone calls, or physical property without going through the traditional warrant process, just like they would for any criminal investigation. For example, if the government wanted to monitor the phone calls of a U.S. citizen working at a tech company, even if they suspect that person might be communicating with foreign entities, they'd now need a warrant based on probable cause, just like any other criminal investigation.

No More Backdoor Data

The law also tackles the use of information collected on non-U.S. citizens. It prohibits using data gathered on foreigners against U.S. citizens in any criminal, civil, or administrative proceedings, or investigations (SEC. 5). Essentially, it prevents the government from using a loophole to collect information on Americans indirectly. It also means that data collected under Executive Order 12333 cannot be used against a U.S. citizen in legal proceedings, closing another potential loophole.

Real Consequences for Illegal Surveillance

The bill introduces serious penalties for those who break the rules. Under SEC. 6, anyone intentionally conducting unauthorized electronic surveillance or misusing illegally obtained information faces a fine of up to $10,000, a minimum of five years in prison, or both. This doesn't apply to law enforcement officers with a valid warrant or court order, but it does create a strong deterrent against illegal government snooping. Federal jurisdiction applies if the offender was a U.S. officer or employee at the time. One area that might need clarification in the future is the definition of "foreign intelligence information" that's considered "necessary" when it concerns a U.S. citizen (SEC. 3). This could become a point of legal contention, as "necessary" can be a subjective term.