1. Short title This Act may be cited as the Fourth Amendment Is Not For Sale Act . 2. Protection of records held by data brokers Section 2702 of title 18, United States Code, is amended by adding at the end the following: (e) Prohibition on obtaining in exchange for anything of value certain records and information by law enforcement and intelligence agencies (1) Definitions In this subsection— (A) the term covered customer or subscriber record means a covered record that is— (i) disclosed to a third party by— (I) a provider of an electronic communication service to the public or a provider of a remote computing service of which the covered person with respect to the covered record is a subscriber or customer; or (II) an intermediary service provider that delivers, stores, or processes communications of such covered person; (ii) collected by a third party from an online account of a covered person; or (iii) collected by a third party from or about an electronic device of a covered person; (B) the term covered person means— (i) a person who is located inside the United States; or (ii) a person— (I) who is located outside the United States or whose location cannot be determined; and (II) who is a United States person, as defined in section 101 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801 ); (C) the term covered record means a record or other information that— (i) pertains to a covered person; and (ii) is— (I) a record or other information described in the matter preceding paragraph (1) of subsection (c); (II) the contents of a communication; or (III) location information; (D) the term electronic device has the meaning given the term computer in section 1030(e); (E) the term illegitimately obtained information means a covered record that— (i) was obtained— (I) from a provider of an electronic communication service to the public or a provider of a remote computing service in a manner that— (aa) violates the service agreement between the provider and customers or subscribers of the provider