Surveillance Accountability Act

This bill aims to strengthen Fourth Amendment protections by requiring a warrant for most government searches that significantly impinge on personal privacy or security. It mandates that such warrants be issued by a neutral magistrate based on probable cause, supported by oath or affirmation, and specifically describe the place or items to be searched. A key provision extends this warrant requirement to third-party data, prohibiting government access to information held by financial, telecommunication, internet, cloud, or data broker services without a valid warrant, even if the third party consents.

The legislation broadly defines "search" to include any government-initiated act intruding on a reasonable expectation of privacy, encompassing various forms of digital and physical surveillance and data collection. While it outlines specific exceptions for warrantless searches, such as plain-view observations, consent, or exigent circumstances, it explicitly limits these. For example, it prohibits the warrantless collection of biometric data (like facial images) or license plate data from public places without informed consent, even if exposed to public view.

Furthermore, the bill establishes a new right of action, allowing individuals to sue federal employees who, acting under color of law, deprive them of their Fourth Amendment rights. This provision aims to provide a mechanism for redress against government overreach, with courts having discretion to award attorney's fees to prevailing parties. The legislation also includes a severability clause, ensuring that if any part is deemed unconstitutional, the remaining provisions will still apply.