Madam President, I rise in opposition to this amendment. This amendment is extraordinarily broad. It is much broader than FISA, and in the course of my remarks, I would hope to address how broad it is. It essentially bars Federal, State, and local governments from obtaining any information relating to an individual that is held by a third party unless the government first obtains either a warrant or consent from the individual. This is also not germane to FISA. It has not been reviewed by the Judiciary Committee, which would have jurisdiction over this matter. For that reason alone, I would vote against it. Also, it impedes the timely reauthorization of the FISA Amendments Act. I also oppose the substance of the amendment. The amendment is titled the ``Fourth Amendment Preservation and Protection Act.'' In reality, it seeks to reverse over 30 years of Supreme Court precedent interpreting the fourth amendment. In 1967 the Supreme Court established its reasonable expectation of privacy test under the fourth amendment, in the case of Katz v. United States. Nine years later, in a case known as U.S. v. Miller, the Supreme Court held: [T]he Fourth Amendment does not prohibit the obtaining of information revealed to a third party and conveyed by him to Government authorities. So already you have a Supreme Court case saying that the fourth amendment does not prohibit the use of this kind of information by the government.…
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