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119-s-4268119th CongressWALLET

Privacy Protection Updates Act

Sponsored By: Senator Wyden, Ron [D-OR]

Introduced

Summary

Strengthen protections for journalists' newsgathering materials. This bill would create a clear suppression remedy, tighten what must be shown in warrants, and treat cloud-stored files as the customer's possession.

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  • Journalists and newsrooms: It would let an aggrieved person move to suppress materials and any evidence derived from them in federal, state, or local proceedings when a search or seizure violates the Act. Suppression covers searches that are facially deficient or that breached the Act.
  • Law enforcement and prosecutors: Warrant applications would have to disclose the factual basis for claimed exceptions, identify all targets, and show the search is consistent with the First Amendment. Officers could do emergency searches if they limit the scope and file a court application within 48 hours for court review.
  • Cloud customers and subscribers: Files stored on electronic communications or remote computing services by or for a customer would be treated as the customer's possession for purposes of the Act.

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Bill Overview

Analyzed Economic Effects

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

Ban on unlawfully seized evidence

If enacted, the bill would bar the use or sharing of covered materials that were searched or seized in violation of the Act. The ban would cover courts, grand juries, agencies, and legislative committees at federal, State, and local levels. An aggrieved person could ask a court to suppress those materials and anything derived from them, and courts would treat suppressed items as obtained in violation of the Act.

New warrant rules and cloud protections

If enacted, the bill would define “covered materials” as the items listed in subsections (a) or (b). It would generally require a court warrant under the Federal Rules or State warrant rules to search those materials. Warrant applications would have to state the factual basis, note information that raises doubts, and name all targets. Courts would have to find an exception permits the search and that related prosecutions would be consistent with the First Amendment, and courts could impose limits to prevent harm. In emergencies, officers could search without a warrant but must limit the search and file with a court within 48 hours. If the court finds the emergency search not justified, it would order return of all materials and destruction of copies; if justified, the court could return parts, destroy copies, or limit use and sharing. The bill would also treat files stored on cloud services as possessed by the customer or subscriber for purposes of these rules.

Sponsors & CoSponsors

Sponsor

Wyden, Ron [D-OR]

OR • D

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

No roll call votes available for this bill.

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