Defunding use of malware by government without a Fourth Amendment warrant

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AMENDMENT TO H.R. [XXXX], AS REPORTED

OFFERED BY [NAME OF MEMBER] OF [STATE]

At the end of the bill insert the following:

Sec. [XXX]. None of the funds made available under this or any other Act, or any prior Appropriations Act may be used to install or make available for download on any consumer device any computer program or any other software to disrupt computer operation, gather sensitive information or gain access to private computer systems or any other communications device of any U.S. citizen except to the extent authorized in an individual warrant that satisfies the requirements of the Fourth Amendment. Nor shall any funds be used to install or make available for download on a U.S. citizen’s computer or any other communications device software that collects information about the user's Internet browsing or other computer use and then transmits such information to another person or to any database except to the extent authorized in an individual warrant that satisfies the requirements of the Fourth Amendment. Nor shall any funds be used to install or make available for download on a U.S. citizen’s computer or any other communications device a computer program or any other software that causes advertisements to be displayed to the user at a time when the user is not accessing a website or online service operated by the publisher of that software; and in a manner in which the user would not understand that the software is responsible for delivering the advertisements except to the extent authorized in an individual warrant that satisfies the requirements of the Fourth Amendment. Nor shall any funds be used to utilize U.S. citizen’s computer or any other communications device to send unsolicited information to other computers, divert a user's Internet browser away from its intended site to one or more other websites, display an advertisement or other content in such a manner that the user cannot end such display without turning off the computer or terminating all Internet sessions, or covertly modify settings relating to the use of the computer or the computer's access to the Internet except to the extent authorized in an individual warrant that satisfies the requirements of the Fourth Amendment.

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