S.Amdt. 2570
What it does: Adds SEC. ___. FOURTH AMENDMENT PRESERVATION AND PROTECTION wherever appropriate
Sen. Rand Paul (R-KY)What it changes
1 change to S. 754
Adds SEC. ___. FOURTH AMENDMENT PRESERVATION AND PROTECTION wherever appropriate
Adds a sectionInserted: SEC. ___. FOURTH AMENDMENT PRESERVATION AND PROTECTION.
Inserted: (a) Short Title.--This section may be cited as the "Fourth Amendment Preservation and Protection Act of 2015".
Inserted: (b) Findings.--Congress finds that the right under the Fourth Amendment to the Constitution of the United States of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures is violated when the Federal Government or a State or local government acquires information voluntarily relinquished by a person to another party for a limited business purpose without the express informed consent of the person to the specific request by the Federal Government or a State or local government or a warrant, upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Inserted: (c) Definition.--In this section, the term "system of records" means any group of records from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular associated with the individual.
Inserted: (d) Prohibition.--
Inserted: (1) In general.--Except as provided in paragraph (2), the Federal Government and a State or local government may not obtain or seek to obtain information relating to an individual or group of individuals held by a third party in a system of records, and no such information shall be admissible in a criminal prosecution in a court of law.
Inserted: (2) Exception.--The Federal Government or a State or local government may obtain, and a court may admit, information relating to an individual held by a third party in a system of records if--
Inserted: (A) the individual whose name or identification information the Federal Government or State or local government is using to access the information provides express and informed consent to the search; or
Inserted: (B) the Federal Government or State or local government obtains a warrant, upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
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Original wording
At the appropriate place, insert the following:
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As printed
SA 2570. Mr. PAUL submitted an amendment intended to be proposed by him to the bill S. 754, to improve cybersecurity in the United States through enhanced sharing of information about cybersecurity threats, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ___. FOURTH AMENDMENT PRESERVATION AND PROTECTION.
(a) Short Title.--This section may be cited as the “Fourth Amendment Preservation and Protection Act of 2015”.
(b) Findings.--Congress finds that the right under the Fourth Amendment to the Constitution of the United States of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures is violated when the Federal Government or a State or local government acquires information voluntarily relinquished by a person to another party for a limited business purpose without the express informed consent of the person to the specific request by the Federal Government or a State or local government or a warrant, upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
(c) Definition.--In this section, the term “system of records” means any group of records from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular associated with the individual.
(d) Prohibition.--
(1) In general.--Except as provided in paragraph (2), the Federal Government and a State or local government may not obtain or seek to obtain information relating to an individual or group of individuals held by a third party in a system of records, and no such information shall be admissible in a criminal prosecution in a court of law.
(2) Exception.--The Federal Government or a State or local government may obtain, and a court may admit, information relating to an individual held by a third party in a system of records if--
(A) the individual whose name or identification information the Federal Government or State or local government is using to access the information provides express and informed consent to the search; or
(B) the Federal Government or State or local government obtains a warrant, upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
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Senate amendment submitted
August 4, 2015
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Senate amendment submitted
August 4, 2015
Senate amendment submitted
August 4, 2015