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119-hr-8093119th Congress

Privacy Protection Updates Act

Sponsored By: Representative Balint, Becca [D-VT-At Large]

Introduced

Summary

Protects reporters' and newsgathering materials by adding a strong exclusionary rule and tighter warrant standards to the Privacy Protection Act of 1980. The bill would block use or dissemination of materials seized or searched in violation of the Act and set clear procedures for courts to review such seizures.

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Bill Overview

Analyzed Economic Effects

2 provisions identified: 2 benefits, 0 costs, 0 mixed.

Cloud data treated as your possession

If enacted, the bill would say that data you store on email or cloud services is legally in your possession for purposes of the Privacy Protection Act. The rule would apply when a customer or subscriber stores data on an electronic communication service or a remote computing service. This would make it clearer that people, journalists, and small businesses can assert possession and challenge some government searches or seizures of cloud data.

Stronger limits on searches of news material

If enacted, the bill would sharply limit when government officers can search or seize "covered materials" used in newsgathering. Except for a short 48-hour emergency rule, searches would need a warrant under Federal Rules (or State warrant procedures) and the application must disclose the factual basis, any doubts about exceptions, and identify targets. For emergency searches, officers would have to file a court application within 48 hours describing what they searched, the limits they used, and the supporting facts. A judge would then review the post-search justification and could order immediate return, destruction of copies, or other limits. Materials and any evidence found in violation of these rules could not be used or shared, and an aggrieved person could move to suppress them.

Sponsors & CoSponsors

Sponsor

Balint, Becca [D-VT-At Large]

VT • D

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

No roll call votes available for this bill.

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