Bipartisan legislation aims to close loopholes enabling government purchase of Americans’ data without a warrant from tech companies.
(WASHINGTON, D.C., 7/19/23) – The Council on American-Islamic Relations (CAIR), the nation’s largest Muslim civil rights and advocacy organization, today welcomed approval of the bipartisan Fourth Amendment Is Not For Sale Act (H.R. 4639) during a U.S. House Judiciary Committee mark-up. The act will now be referred to the U.S. House of Representatives for a possible vote.
Introduced by U.S. Representatives Warren Davidson (R-OH) and Zoe Lofgren (D-CA), this legislation aims to safeguard the Fourth Amendment right to privacy by ending government access to Americans’ data from major tech companies without a proper search warrant.
This significant advancement follows the House of Representatives’ adoption of the Davidson-Jacobs amendment to the 2024 Fiscal Year National Defense Authorization Act (NDAA) on July 14. Authored by U.S. Representatives Davidson and Sara Jacobs (D-CA), the amendment effectively closes the data broker loophole at the Department of Defense and its affiliated agencies, including the NSA.
As previously documented by CAIR, the U.S. military has been revealed, both in November 2020 and April 2022, to have acquired Islamic prayer and marriage apps and cellphone metadata, leading to ongoing U.S. government surveillance of Muslims in the United States and abroad.
This data potentially provides insights into Muslims’ prayer habits, religious studies, precise locations, and interactions with others using these apps. Overseas, the metadata collected could be utilized by the U.S. military and CIA to target Muslims for further surveillance, drone operations, or other activities.
In a statement, CAIR Director of the Government Affairs Department Robert S. McCaw said:
“CAIR welcomes the House Judiciary Committee’s approval of the Fourth Amendment Is Not For Sale Act. This legislation is a comprehensive and critical step in protecting the digital privacy rights of all Americans, including Muslims. Federal law enforcement and intelligence agencies should not be able to circumvent the Constitution’s privacy protections by purchasing Americans’ metadata and international call, text, and email records. CAIR urges Congress to pass this bill without delay.
“We also applaud the House’s recent adoption of the Davidson-Jacobs amendment to the 2024 NDAA. This marks a significant congressional reform and response to the reported ongoing spying on American Muslims’ cellphone metadata and Islamic app usage by the U.S. military and military contractors—a direct infringement on the First and Fourth Amendment rights of the Muslim community. We urge the U.S. Senate to include this provision in their version of the NDAA.
“Building on these successes, Congress should work toward reforming or letting expire Section 702 surveillance authorities, as they have been disproportionately used to target the communications of Muslims and other minority groups for surveillance. We firmly believe that every American has the right to privacy, and we will continue to fight for this right.”
The reauthorization of Section 702 is currently under debate in Congress. This provision of the Foreign Intelligence Surveillance Act (FISA) permits the government to collect phone records and internet activity of foreigners overseas.
However, CAIR has long opposed Section 702 as it also allows the government to collect the phone records and internet activity of millions of Americans communicating with overseas family members, friends, schools, nonprofits, and businesses without a warrant. This authority has also been misused to surveil activists, journalists, and even Congressman Darin Lahood (R-IL).
CAIR is America’s largest Muslim civil liberties and advocacy organization. Its mission is to enhance understanding of Islam, protect civil rights, promote justice, and empower American Muslims.
La misión de CAIR es proteger las libertades civiles, mejorar la comprensión del Islam, promover la justicia, y empoderar a los musulmanes en los Estados Unidos.
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CONTACT: CAIR National Deputy Director Edward Ahmed Mitchell, 404-285-9530, e-Mitchell@cair.com; CAIR Government Affairs Director Robert McCaw, 202-742-6448, rmccaw@cair.com; CAIR National Communications Director Ibrahim Hooper, 202-744-7726, ihooper@cair.com; CAIR National Communications Manager Ismail Allison, 202-770-6280, iallison@cair.com