The U.S. House of Representatives on May 15 passed a bill that would place restrictions on the federal government’s access to personal cell phone and email data.
The bill passed the lower chamber in a unanimous 412–0 vote, including 212 Republicans and 200 Democrats. The legislation was sponsored by Reps. Scott Fitzgerald (R-Wis.) and Jerry Nadler (D-N.Y.).
Under current law, prosecutors can request email and cell phone records from those not suspected of any criminal behavior. Often, these requests to service providers are accompanied by Non-Disclosure Orders (NDOs).
NDOs came under special scrutiny in 2021, after it was revealed that such NDOs had been used by prosecutors in searches of major outlet journalists and members of Congress.
Nadler said of the bill, “In the 21st century, federal prosecutors no longer need to show up to your office. They just need to raid your virtual office. They do not have to subpoena journalists directly. They just need to go to the cloud.
“And rather than providing Americans with meaningful notice that their private electronic records are being accessed in a criminal investigation, the Department hides behind its ability to ask third-party providers directly. They deny American citizens, companies, and institutions their basic day in court and, instead, they gather their evidence entirely in secret.
“The House’s bipartisan passage of H.R. 7072 is a crucial step towards limiting the Department of Justice’s ability to abuse a little-known process that allows prosecutors to obtain gag orders when secretly trying to obtain a person’s electronic communications data.”
The bill comes as Republicans in the House mount an investigation into what they have called the “Weaponization of the Federal Government.” Republicans allege that President Joe Biden and his administration have weaponized federal law enforcement against their political enemies.
Fitzgerland connected the two issues in another statement: “As a member of the Judiciary Committee, fighting back against bureaucracy and Americans’ right to privacy from their government has been one of my top priorities. I introduced these two pieces of legislation last Congress and ... I look forward to advocating for their consideration on the House floor.”
Last year, the same legislation was sponsored by Nadler and passed by the House.
However, it ultimately died in the Senate Judiciary Committee without further action, leaving the bill’s fate uncertain. It’s also unclear if Biden will sign the legislation.