The amendment failed, 79-12.
Prior to the vote Rand spoke on the floor urging passage of the amendment:
The Fourth Amendment guarantees that people should be secure in their persons, houses and papers against unreasonable searches and seizures.
Somewhere along the way, though, we became lazy and haphazard in our vigilance. We allowed Congress and the courts to diminish our Fourth Amendment protection, particularly when our papers were held by third parties.
I think most Americans would be shocked to know that the Fourth Amendment does not protect your records if they're banking, Internet or Visa records. A warrant is required to read your snail mail and to tap your phone, but no warrant is required to look at your e-mail, text or your Internet searches. They can be read without a warrant. Why is a phone call more deserving of privacy protection than an e-mail?
This amendment would restore the Fourth Amendment protections to third-party records, and I recommend a yes vote.