# Fourth Amendment Is Not For Sale Act
**The bill that would close the "data-broker loophole" — the government's practice of buying Americans' location, browsing and app data that it would otherwise need a court order to obtain.** H.R. 4639, introduced by Rep. Warren Davidson (R-Ohio) with a Senate companion from [[Ron Wyden]], passed the House **219–199 on April 17, 2024**, with 123 Republicans and 93 Democrats in favor, including Speaker [[Mike Johnson]] and Minority Leader [[Hakeem Jeffries]]. The Senate never voted on it.
## What it would do
Bar law-enforcement and intelligence agencies from purchasing personal data about Americans from data brokers and from companies holding social-media, phone, email and cloud data, without first obtaining a court order — the same protection that applies when the government asks those companies directly.
## Why it matters to the 702 fight
The bill passed in the same week as the [[Reforming Intelligence and Securing America Act]], as the reform coalition's consolation prize after its warrant amendment to [[FISA Section 702]] failed on a tie. Reformers paired them because purchased data is the route around any warrant rule: a warrant requirement for searching 702 collection does little if the same agencies can buy the same Americans' data on the open market. The Biden White House opposed it; a senior administration official called it "unworkable."
## KB Significance
**Surveillance capitalism meets the surveillance state.** This is where the two vault concepts touch: commercial data collection ([[Surveillance Capitalism]]) becomes a government surveillance tool ([[Surveillance State]]) without passing through a court. The left-right coalition that backs it is the same one behind the 702 warrant amendment, and it has the same record — a House majority and no law.
## See Also
- [[FISA Section 702]] · [[Reforming Intelligence and Securing America Act]] · [[Surveillance Capitalism]] · [[Fourth Amendment]]