Privacy Protection Updates Act

Key Points

• The bill creates an exclusionary rule that bars the government from using any journalist materials seized in violation of the Privacy Protection Act. If a search is found illegal, the evidence and anything derived from it cannot be used in any trial, grand jury, hearing, or government proceeding at any level.
• Law enforcement must meet stronger warrant requirements when seeking journalists' records. Officers must disclose all facts that might challenge the need for or legality of the search, and a judge must confirm that the search is consistent with the First Amendment before approving it.
• The bill clarifies that digital files stored in the cloud belong to the journalist or person who uploaded them, not the tech company hosting the data. This closes a loophole that could let the government bypass privacy protections by going to cloud providers directly.
• If the government seizes journalist records during an emergency without a warrant, it must report to a judge within 48 hours. If the judge finds the seizure unjustified, the government must immediately return all materials and destroy any copies.
• Aggrieved persons gain the right to file motions to suppress illegally seized newsgathering materials. Courts can suppress evidence if the warrant was insufficient on its face, the materials were unlawfully seized, or the search did not follow the warrant's terms.

Votes

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Related Bills

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