A new piece of legislation introduced in the US Congress is aiming to reshape how government agencies access Americans’ digital data in an era dominated by artificial intelligence.
The bill, led by Representatives Thomas Massie and Lauren Boebert, seeks to require law enforcement to obtain a warrant based on probable cause before accessing individuals’ digital records.
A Push Against Expanding Digital Surveillance
Supporters of the bill argue that rapid advances in AI and data collection have removed the natural limits that once constrained government surveillance.
The legislation would amend Title 18 of the US Code and also give individuals the right to sue the government for violations of the Fourth Amendment—an enforcement mechanism privacy advocates say is currently lacking.
Targeting the “Third-Party Doctrine”
A central focus of the proposal is the long-standing legal principle known as the third-party doctrine. Established through earlier Supreme Court rulings such as United States v. Miller and Smith v. Maryland, the doctrine holds that individuals lose certain privacy protections when sharing information with third parties like banks or phone companies.
Privacy advocates argue this framework is outdated in the modern internet age, where nearly all digital activity passes through third-party platforms.
Naomi Brockwell, founder of the Ludlow Institute, helped draft the bill and says it aims to close this gap.
“If law enforcement wants to go after someone, they can absolutely do that. They just need a warrant,” she said.
AI, Biometrics, and Mass Data Collection
The legislation also addresses emerging technologies such as biometric tracking and automated license plate readers, which can generate large-scale surveillance datasets.
Advocates warn that while individual data points may seem harmless, AI systems can combine millions of records into detailed behavioral profiles—a concept often described as the “mosaic theory” of privacy.
Concerns Over AI Surveillance Tools
The debate comes amid growing use of AI-powered surveillance tools by law enforcement agencies, including systems developed by companies such as Palantir Technologies and Clearview AI.
Critics say these technologies raise new questions about oversight, transparency, and constitutional protections.
A Rare Bipartisan Privacy Push
Despite political divisions in Washington, the proposal has reportedly attracted interest from both sides of the aisle, aligning with other ongoing efforts to reform federal surveillance laws, including Section 702 of the Foreign Intelligence Surveillance Act.
As AI continues to evolve, lawmakers say the core question remains whether existing privacy laws can keep up with technology—or whether a new framework is needed entirely.
