A proposed bill aims to mandate warrants for federal agencies accessing Americans’ digital records, addressing concerns about the expanding use of artificial intelligence in surveillance. Introduced on Thursday by Kentucky Rep. Thomas Massie and Colorado Rep. Lauren Boebert, the Surveillance Accountability Act seeks to amend Title 18 of the U.S. Code. It intends to establish a comprehensive warrant requirement for government searches, close what supporters call the ‘third-party doctrine’ loophole, and allow individuals to sue the government over Fourth Amendment breaches.
Naomi Brockwell, founder of the privacy-focused Ludlow Institute, contributed to drafting the bill alongside Massie’s office. Speaking with Decrypt, Brockwell highlighted how AI has transformed surveillance capabilities. “AI removes limitations, enabling sorting, ranking, credit score adjustments, and intimate profiling for preemptive law enforcement,” she noted.
Massie announced the press conference on Twitter, scheduled for 10:30am ET at Capitol House Triangle. The bill targets the third-party doctrine, a legal precedent from the 1970s based on Supreme Court interpretations of the Fourth Amendment, which guards against unreasonable searches and seizures without probable cause-backed warrants.
Originating from United States v. Miller and Smith v. Maryland, the third-party doctrine suggests no privacy expectations for information shared with third parties like banks or telecom companies. Brockwell argues these cases were limited to pre-internet contexts but are now broadly applied. “Today, every action involves a third party,” she stated.
The proposed law also addresses biometric surveillance and automated license plate readers, referencing the ‘mosaic theory’ of privacy used by some courts in bulk data collection evaluations. Brockwell explained, “While a single snapshot doesn’t breach privacy expectations, 10,000 snapshots tracking your movements do.” This relates to current uses of automatic license plate readers.
Despite its focus on citizen privacy, circumventing it remains profitable for firms like Palantir and Clearview AI, which provide law enforcement with AI tools for data analysis. Earlier this year, Anthropic disputed President Donald Trump’s administration over AI system usage in mass surveillance and unrestricted military contexts.
Brockwell mentioned bipartisan interest in the bill, viewing it as complementary to reforms proposed by Reps. Warren Davidson (R-OH) and Senator Ron Wyden of Oregon regarding Section 702 of the Foreign Intelligence Surveillance Act. While some critics argue that warrant requirements could slow investigations, Brockwell asserts they restore essential judicial oversight. “The proposal prevents power abuses,” she said, emphasizing that law enforcement still can pursue suspects with warrants.