Trump Openly Calls for 'Clean' Extension of Spying Power Opposed by Privacy Advocates

President Donald Trump took to his Truth Social platform on Wednesday to call for a "clean" extension of a key spying power as lawmakers across the political spectrum and privacy advocates throughout the United States demand reforms before Congress passes a reauthorization bill.

Section 702 of the Foreign Intelligence Surveillance Act (FISA) empowers the US government to spy on electronic communications of noncitizens located outside the country, without a warrant. It expires April 20. House Speaker Mike Johnson (R-La.) planned to try to push through legislation this week, but he delayed it due to a lack of support.

Trump noted Wednesday that Johnson and Senate Majority Leader John Thune (R-SD) have been working to pass a clean extension. He said that "when used properly, FISA is an effective tool to keep Americans safe," and called for reauthorizing the power for 18 months.

"HOWEVER, the Critical and Common Sense Reforms that were made in the last Reauthorization of FISA must remain intact to protect the American People from abuses. Nobody understands this better than me, as I was a victim of the worst and most illegal abuse of FISA in our Nation's History, by Radical Left Lunatics who lied to the FISA Court to spy on my 2016 Presidential Campaign in their attempt to RIG the Election in favor of Crooked Hillary Clinton," the president continued.

"That is why, since the first day of my already Historic Second Term, my Administration has worked tirelessly to ensure these Reforms are being aggressively executed at every level of the Executive Branch to keep Americans safe, while protecting their sacred Civil Liberties guaranteed by our Great Constitution," Trump claimed, before trying to use his war on Iran—which has not been authorized by Congress—to make the case for a swift reauthorization.

"With the ongoing successful Military activities against the Terrorist Iranian Regime, it is more important than ever that we remain vigilant, PROTECT our Homeland, Troops, and Diplomats stationed abroad, and maintain our ability to quickly stop bad actors seeking to cause harm to our People and our Country," he said. "The fact is, whether you like FISA or not, it is extremely important to our Military. I have spoken to many Generals about this, and they consider it vital. Not one said, even tacitly, that they can do without it—especially right now with our brilliant Military Operation in Iran."

Sharing Trump's Truth post on the social media platform X, Politico's Jordain Carney noted that "he's been telling people for a while privately this is what he wants."

Carney and her colleagues reported last month that "Stephen Miller, the influential senior White House domestic policy adviser, is a leading advocate within the administration for extending the program that lets the government collect the data of noncitizens abroad without a warrant."

Critics of a clean extension have argued that, as more than 90 groups said in a letter earlier this month, "supporting Stephen Miller's warrantless surveillance agenda would be a massive detriment to the privacy and civil rights and liberties of people in the United States."

Section 702 was last reauthorized in April 2024, during the Biden administration. Many critics of the spying power were unsatisfied with that legislation, the Reforming Intelligence and Securing America Act (RISAA).

As India McKinney, director of federal affairs at the Electronic Frontier Foundation, wrote Friday:

It's important to note RISAA was just a reauthorization of this mass surveillance program with a long history of abuse. Prior to the 2024 reauthorization, Section 702 was already misused to run improper queries on peaceful protesters, federal and state lawmakers, congressional staff, thousands of campaign donors, journalists, and a judge reporting civil rights violations by local police. RISAA further expanded the government's authority by allowing it to compel a much larger group of people and providers into assisting with this surveillance. As we said when it passed, overall, RISAA is a travesty for Americans who deserve basic constitutional rights and privacy whether they are communicating with people and services inside or outside of the US.

In the Section 702 debates over the years, critical members of Congress and advocacy groups have specifically called for a warrant requirement for Americans and closing the data broker loophole that intelligence and law enforcement agencies use to buy their way around the Fourth Amendment to the US Constitution, which is supposed to protect against unreasonable searches and seizures.

Reporting on the president's Wednesday push for a clean extension, The Hill highlighted that "Trump has gotten some notable lawmakers to move with him" on FISA, pointing to House Judiciary Chair Jim Jordan (R-Ohio) and Rep. Darrell Issa (R-Calif.), a former leader of the chamber's oversight panel, who are both supporting a clean extension.

McKinney called Jordan's shift "disappointing," and argued that "Section 702 should not be reauthorized without any additional safeguards or oversight."

She pointed to three bills—the Government Surveillance Reform Act, Protect Liberty and End Warrentless Surveillance Act, and Security and Freedom Enhancement Act—that she said are not "perfect," but "are all significantly better than the status quo."