Jerry Nadler: “This amendment would create exceptions for government purchase of data that a Federal agency can already lawfully access…”

“This amendment would create exceptions for government purchase of data that a Federal agency can already lawfully access without a warrant. I am sure that my colleague from New York means well, but I worry that this amendment would create confusion in the long run rather than clarify an area where we both agree. I agree that the government should continue accessing information that it is already able to acquire without a warrant, but we should be closing the door on government purchase of third-party data, period. First, it is unclear how a data broker subscription for ``only information that law enforcement could acquire without a warrant'' would work. By suggesting that some data could be purchased, we open up a Pandora's box of hypotheticals instead of turning off a tap that should not be on to begin with. Second, when section 2703 of the Electronic Communications Privacy Act was passed back in 1986, the internet was in its nascency. At that time, there were few, if any, data brokers purchasing data and selling it to the government. I am confident that if they had existed, then third parties' data sales would have been included in the prohibition against service providers sharing their data with the government without a warrant. As I said, I appreciate what the gentleman is trying to do, but I cannot agree with this approach. Mr. Chair, I oppose the amendment, and I encourage my colleagues to do the same. I reserve the balance of my time. Mr. LaLOTA. Mr.…”