WASHINGTON, D.C. – U.S. Representative Peter Meijer (R-MI) this week joined Representative Ro Khanna (D-CA) in introducing legislation to protect Americans against warrantless searches of the data generated and stored in their vehicles. The Closing Warrantless Digital Car Search Loophole Act would end the outdated “vehicle exception” to the Fourth Amendment and require law enforcement to obtain a warrant to search automobile data. Senators Cynthia Lummis (R-WY) and Ron Wyden (D-OR) introduced the bill in the Senate.
“When the ‘vehicle exception’ to the Fourth Amendment was created, automobiles were still decades away from containing computers that generate huge amounts of digital information,” said Rep. Meijer. “It’s past time for us to scrap this exception and require law enforcement to have a search warrant to view data created by or stored in automobiles – just like they do for cell phones and personal computers. I’m glad to partner in this bipartisan, bicameral effort to protect Americans’ constitutional rights.”
“Technological innovations have improved the lives of countless Americans, but these changes have also resulted in new privacy concerns that must be addressed. We need to update our laws to ensure that privacy interests regarding digital data are protected,” said Rep. Khanna. “Our cars now store some of our most valuable data. This bill will close a loophole that currently allows law enforcement officers to conduct searches of data stored on our cars without a warrant. Accessing that much information should require a warrant in the same way it’s needed for our smart phones.”
The Closing Warrantless Digital Car Search Loophole Act would:
- Require law enforcement to get a warrant based on probable cause before they can search data from any vehicle that does not require a commercial driver’s license (CDL) to drive, (i.e. a private vehicle);
- Clarify that any vehicle data obtained in violation of the law without a warrant is inadmissible in court, by grand juries, regulatory agencies, or to establish probable cause; and
- Allow for broad emergency exceptions similar to the emergency provisions in the wiretap act and the USA Freedom Act, enabling the government to get a warrant after the fact, and for narrow exceptions related to traffic safety research.
“Today, our vehicles utilize various computer systems for navigation, operations, and even entertainment. Although these systems can be helpful, they are also constantly collecting data through your call logs, map application, address book and other software. Presently, the government has the authority to search and seize this information without a warrant through the vehicle exemption to the Fourth Amendment. The bipartisan Closing the Warrantless Digital Car Search Loophole Act would require law enforcement agents to obtain a warrant before seizing and going through this data and help protect Americans across the country.” – Anthony Lamorena, Federal Affairs Manager, Criminal Justice Program, R Street Institute
Original source can be found here.
