US lawmakers have introduced a new bill that would dramatically tighten government surveillance powers by requiring warrants for nearly all data searches involving Americans.
The proposed “Surveillance Accountability Act” would also give individuals the right to sue federal officials for unlawful surveillance.
Representatives Thomas Massie (R-KY) and Lauren Boebert (R-CO) unveiled H.R. 8470 on April 23, 2026, positioning the legislation as a modernization of Fourth Amendment protections in response to the rapid expansion of digital data collection. The bill builds on long-standing concerns about warrantless access to sensitive information, particularly data held by third parties such as telecom providers, banks, and cloud service providers.
The legislation would amend Title 18 of the US Code to impose a universal warrant requirement for any government search that “significantly impinges on the privacy or security of a person,” mandating judicial approval based on probable cause. This requirement explicitly extends to digital records, metadata, geolocation data, financial transactions, and online activity, categories that have historically been subject to broad interpretation under existing legal doctrines.
A key target of the proposal is the so-called “third-party doctrine,” which has allowed law enforcement agencies to access user data from service providers without a warrant in certain circumstances. The bill would close this loophole by establishing a presumption of privacy over all user data held by third parties, regardless of contractual agreements or provider cooperation. Any waiver of privacy rights would need to be explicit, informed, and voluntary.
The legislation also introduces strict limits on modern surveillance technologies. It would prohibit warrantless collection or analysis of biometric data, such as facial recognition, gait analysis, or voice identification, as well as data gathered through automated license plate readers tied to individuals. These restrictions apply even in public spaces, addressing growing concerns about mass surveillance in everyday environments.
At the same time, the bill preserves several traditional exceptions to the warrant requirement, including consent-based searches, exigent circumstances, plain-view observations, and access to publicly available information. However, it clarifies that these exceptions cannot be used to justify large-scale or automated tracking of individuals without their knowledge.
Beyond restricting surveillance practices, the Surveillance Accountability Act introduces a notable enforcement mechanism: a private right of action. Individuals whose Fourth Amendment rights are violated would be able to sue federal employees directly for damages, with courts permitted to award attorneys’ fees to prevailing parties. This provision aims to increase accountability by creating legal consequences for unlawful data collection.
The bill defines “search” broadly to include any targeted government effort to collect information about a person’s communications, associations, finances, travel, or digital behavior, whether conducted through human investigation or automated systems. This expansive definition reflects lawmakers’ intent to align legal standards with the realities of modern surveillance capabilities.
If passed, the legislation would represent a significant shift in how US authorities access and use personal data, particularly in cases involving digital services and emerging tracking technologies.
You can follow the bill's fate through this dedicated website, which also contains a more “digestible” description of the proposal and ways to support the proposal.
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