S.1819 - Defending Our Government’s Electronic Data: Bolstering Responsible Oversight and Safeguards Act; DOGE BROS Act (119th Congress)
Summary
S.1819, also known as the DOGE BROS Act, aims to increase the penalties for various violations of Federal law, specifically those related to electronic data and unauthorized disclosures. The bill amends sections of Title 5, Title 18, the Social Security Act, the Internal Revenue Code, and Title 13 of the United States Code. It focuses on increasing fines for offenses such as unauthorized access to government computers, wrongful disclosure of census data, and unauthorized disclosures of taxpayer information.
The bill seeks to deter individuals from illegally accessing and disclosing sensitive information held by the government. The proposed changes aim to strengthen data protection and accountability.
The bill was introduced in the Senate on May 20, 2025, and referred to the Committee on Homeland Security and Governmental Affairs.
Expected Effects
The primary effect of this bill would be to raise the financial penalties for individuals who violate federal laws related to data security and privacy. This could lead to a greater deterrent effect, potentially reducing the number of unauthorized data breaches and disclosures.
Increased fines may also lead to more cautious handling of sensitive data by government employees and contractors. It could also lead to increased scrutiny and oversight of data security practices within government agencies.
However, the increased penalties could also disproportionately affect lower-income individuals who may be tempted to access or disclose information for financial gain.
Potential Benefits
- Enhanced Data Protection: Higher penalties may deter unauthorized access and disclosure of sensitive government data.
- Increased Accountability: Government employees and contractors may be more careful in handling sensitive information.
- Improved Public Trust: Strengthening data security can improve public confidence in government's ability to protect personal information.
- Reduced Data Breaches: The deterrent effect of higher fines could lead to fewer data breaches and security incidents.
- Modernization of Penalties: The bill updates fines to reflect current economic realities and the increasing value of data.
Most Benefited Areas:
Potential Disadvantages
- Disproportionate Impact: Increased fines could disproportionately affect lower-income individuals.
- Potential for Over-Criminalization: Higher penalties may lead to overly harsh punishments for relatively minor offenses.
- Increased Litigation: The higher stakes could lead to more legal challenges and appeals.
- Enforcement Challenges: Increased fines may not be effective if enforcement is lacking or inconsistent.
- Focus on Punishment, Not Prevention: The bill primarily focuses on punishment rather than addressing the root causes of data breaches.
Constitutional Alignment
The bill's focus on increasing penalties for violations of federal law aligns with the government's power to enact laws necessary and proper for carrying out its enumerated powers, as outlined in Article I, Section 8 of the Constitution. The increased fines are intended to protect government data and ensure the proper functioning of government agencies.
However, the bill's potential impact on individual liberties and due process rights should be considered. The Eighth Amendment prohibits excessive fines, and the courts may need to determine whether the increased penalties are proportionate to the offenses.
Furthermore, the bill's impact on data privacy should be balanced against the First Amendment's protection of freedom of speech and the press. While the government has a legitimate interest in protecting sensitive information, it must do so in a way that does not unduly restrict the public's access to information or chill legitimate whistleblowing activities.
Impact Assessment: Things You Care About
This action has been evaluated across 19 key areas that matter to citizens. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).