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“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."
More than 90 civil society groups on Thursday urged congressional Democrats to "stand firm against White House efforts to extend government surveillance powers" by renewing "without new safeguards" a highly controversial surveillance authorization historically abused by federal agencies.
Free Press Action and Demand Progress are leading the call to senior Democratic lawmakers to not reauthorize Section 702 of the Foreign Intelligence Surveillance Act (FISA)—a controversial law that has been abused hundreds of thousands of times—without first enacting privacy reforms.
“Section 702 has been used to conduct millions of warrantless ‘backdoor’ searches for the phone calls, text messages, and emails of people in the United States,” the groups said in a letter to six senior Democrats including Senate Minority Leader Chuck Schumer and House Minority Leader Hakeem Jeffries, both of New York.
Free Press Action & 90 civil-society groups call on Democratic leaders to stand firm against White House efforts to extend government surveillance powers under Section 702 of the Foreign Intelligence Surveillance Act (FISA) without new safeguards.Our statement: www.freepress.net/news/massive...
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— Free Press (@freepress.bsky.social) March 12, 2026 at 11:32 AM
The groups—which include the ACLU, Center for Biological Diversity, Color of Change, Electronic Frontier Foundation, Indivisible, National Immigrant Justice Center, Public Citizen, and UltraViolet Action—cited recent reporting from Politico stating that Stephen Miller, President Donald Trump's xenophobic deputy chief of staff, supports extending the program that empowers federal agencies to surveil and collect the data of noncitizens abroad without a warrant.
As Free Press Action explained Thursday:
Congress has until April 20 to reauthorize Section 702. Stephen Miller is a leading advocate for extending Section 702 without any reforms, and President Trump is now openly supporting this approach. The groups urge Democratic members of Congress to refuse to reauthorize these powers without key reforms, including reforms to the government’s warrantless querying of communications of people in the United States without prior court approval. Such surveillance allows government officials to conduct sweeping backdoor searches, accessing the private communications of millions of people.
“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,” the letter adds. "These surveillance authorities have long jeopardized privacy, and efforts by Miller to continue them without meaningful reforms and sufficient oversight are deeply troubling.”
The groups emphasize the imperative to close the so-called backdoor search loophole—via which domestic law enforcement agencies can access Americans’ communications without a warrant—and the data broker loophole, which lets the government to buy its way around Fourth Amendment proscriptions on warrantless search and seizure by purchasing sensitive information from private vendors.
I've long been sounding the alarm on Section 702 of FISA, and secret, legal loopholes the government uses to spy on Americans. The program is up for reauthorization in April and I'll be fighting like hell to make sure the current program doesn’t get rubber stamped.
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— Senator Ron Wyden (@wyden.senate.gov) March 11, 2026 at 10:41 AM
Earlier this month, more than 70 congressional Democrats demanded a new investigation into warrantless purchases of Americans’ location data by Department of Homeland Security agencies, including Immigration and Customs Enforcement.
Last month, Sens. Dick Durbin (D-Ill.) and Mike Lee (R-Utah) introduced the Security and Freedom Enhancement (SAFE) Act, which would protect Americans from warrantless government surveillance by requiring authorities to obtain a FISA Title I order or a warrant before accessing Americans’ communications.
The civil society groups that signed the letter are also urging lawmakers to fix the "overbroad" expansion of electronic communication service providers and remove barrier to the FISA legal process.
"There are terrifying risks to reauthorizing government surveillance powers that have been abused to spy on protesters, immigrants, journalists, and even political candidates under any presidential administration," said Jenna Ruddock, advocacy director at Free Press Action. "People across the country and on both sides of the aisle agree, and overwhelmingly support urgently needed reforms to FISA."
“This White House in particular has relentlessly labelled perceived political opponents as ‘domestic terrorists,’ justifying in their minds the relentless surveillance and persecution of those who oppose the administration’s agenda," Ruddock added. "Congress must insist on these common-sense reforms and put the civil and constitutional rights of Americans above the authoritarian desires of Miller and others in the Trump administration.”
Demand Progress senior policy adviser Hajar Hammado said that “Democrats do not want this or any administration to have the power to trawl through Americans’ private emails and texts without warrants. Democratic leaders need to listen to the people and not just rubber-stamp the spy powers that Miller is asking for."
"This extends beyond partisan politics," Hammado continued. "No president should have the powers to hoover up Americans’ private communications, force janitors and security guards to spy on other Americans for them, or circumvent court orders by purchasing sensitive information about people in the United States from data brokers."
"As the government’s plans to supercharge surveillance with AI come into view," she added, "Congress must enact real reforms to curb invasive government spying.”
"FISA 702 has been abused in shocking ways," said one campaigner. "If Congress genuinely cares about surveillance abuse, weaponization, and 'lawfare,' it needs to rein in this warrantless surveillance power."
Privacy advocates are backing a bipartisan bill introduced in the US Senate this week that's intended to protect Americans from warrantless government surveillance.
Sens. Dick Durbin (D-Ill.) and Mike Lee (R-Utah) unveiled the Security and Freedom Enhancement (SAFE) Act on Monday, in the wake of Politico reporting that President Donald Trump's White House "is quietly pushing for a key spy authority to be extended as is into 2027, according to five people granted anonymity to discuss the private talks."
There have long been arguments on Capitol Hill and beyond over Section 702 of the Foreign Intelligence Surveillance Act (FISA), which empowers the federal government to surveil electronic communications without a warrant. The law only allows for targeting foreigners outside the United States to acquire foreign intelligence information, but Americans' data is also collected.
Despite such arguments, Congress reauthorized Section 702 nearly two years ago, under then-President Joe Biden. That decision is set to expire on April 20, setting up a new battle over the spying power—hence the bill's introduction this week.
Under Durbin and Lee's proposal, the authority would be extended another two years, but government agencies must obtain a FISA Title I order or a warrant before accessing Americans' communications. As the pair noted in a statement, it also "closes the 'data broker loophole' that intelligence and law enforcement agencies use to buy their way around the Fourth Amendment" to the US Constitution, which bars unreasonable searches and seizures and details requirements for issuing warrants.
"Section 702 is a valuable tool to help keep our nation safe," said Durbin. "However, it's being used to conduct thousands of warrantless searches of Americans' private communications. That's unacceptable. Our bipartisan SAFE Act is a commonsense solution to continue protecting our country from foreign threats—while safeguarding Americans' civil liberties and privacy."
In a Tuesday statement welcoming the legislation, Demand Progress senior policy adviser Hajar Hammado highlighted that "right now, the government can freely troll through your private emails and texts swept up in 702 collections and this power has been abused to spy on everyday Americans, journalists, and even members of Congress."
"No government, whether it's run by Donald Trump and Stephen Miller or Joe Biden, should be able to do this," argued Hammado. According to Politico, Miller, the White House deputy chief of staff for policy and homeland security adviser, "is a leading advocate" for extending Section 702.
Hammado stressed that "the SAFE Act is a bipartisan solution to this problem, and all members of Congress should not support reauthorization without these critical reforms. We thank Sens. Lee and Durbin for their leadership on this bill and for modeling how Republicans and Democrats can come together to stop oppressive government overreach."
Jake Laperruque, deputy director of the Center for Democracy & Technology's Security & Surveillance project, also endorsed the bill in a Tuesday statement.
"FISA 702 has been abused in shocking ways," said Laperruque. "The FBI has misused it to snoop on protesters, lawmakers, journalists, judges, and campaign donors. If Congress genuinely cares about surveillance abuse, weaponization, and 'lawfare,' it needs to rein in this warrantless surveillance power."
"The SAFE Act includes bold FISA reforms, creates strong guardrails against surveillance misconduct, and has been meticulously crafted to protect national security," he continued. "With less than 10 weeks until FISA 702 expires, Congress should take up reform legislation quickly. Kicking the can on FISA would be a dereliction of duty."
A CDT-led coalition of privacy advocates across the political spectrum recently identified these as the four key issues to address in FISA reform. The SAFE Act effectively takes on all of them. With just SEVEN weeks until FISA 702 expires, we hope Congress will quickly take up this vital bill.
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— Jake Laperruque (@jakelaperruque.bsky.social) February 24, 2026 at 12:22 PM
Republicans have a narrow majority in both chambers of Congress but, due to Senate rules, generally need some Democratic support to send legislation to Trump's desk. However, the GOP could also run into trouble on this issue in the House of Representatives. As Politico pointed out last week:
Ultimately, there's no easy path to pass a clean extension in the House. One of the people with knowledge of the discussions said GOP leaders are "going to have a problem" trying to unite Republicans behind a special "rule" allowing for an up-or-down floor vote on a clean extension, which are typically party-line affairs.
But Republicans also believe that with Trump in office, a number of Democrats who previously supported leaving Section 702 intact will now support putting more fetters on intelligence agencies—making the alternative route, a two-thirds-majority bipartisan vote under suspension of the rules, all but impossible.
The latest Section 702 fight comes as Trump is under fire for his rising authoritarianism, from invasions of US cities targeting immigrants to his sweeping assault on First Amendment rights, including reported federal watch lists to track and categorize US citizens—especially activists and protesters—as "domestic terrorists."
"We look to you to defend our First Amendment freedoms against executive overreach and abuse."
Over a dozen press freedom groups on Friday urged congressional leaders to examine the Federal Bureau of Investigation's recent raid of Washington Post reporter Hannah Natanson's Virginia home and the seizure of her electronic devices as part of a probe into a government contractor accused of illegally possessing classified documents.
Their letter came after US Magistrate Judge William B. Porter—who authorized the FBI's search of Natanson's home in Alexandria—ruled Wednesday that prosecutors "must preserve but must not review" data on the journalist's phone, computers, and smart watch.
Noting that the US Department of Justice (DOJ) may have obtained the search warrant "under false pretenses and potentially in violation of the Privacy Protection Act of 1980," 17 groups argued that "congressional intervention is necessary because the FBI's January 14, 2026 raid of Natanson's home represents a perilous escalation in the executive branch's use of law enforcement powers against the free press and a citizenry that depends on fearless newsgathering."
"The available facts suggest... the weaponization of legal process to engage in a fishing expedition into more than 1,000 confidential sources cultivated by Natanson inside the federal workforce," the coalition wrote to top Republicans and Democrats on four relevant committees.
"By raiding Hannah Natanson's home and seizing her devices, the government threatened bedrock principles of our Constitution and a free society."
Specifically, the letter explains, given that the criminal complaint doesn't accuse contractor Aurelio Perez-Lugones of disseminating classified information, and he and his devices were already in custody when Natanson's house was searched, there is a "grim possibility" that the raid "was a pretextual attempt to threaten the press, to uncover whistleblowers, and to chill newsgathering unflattering to the government."
The Privacy Protection Act "allows law enforcement to conduct searches and seizures of journalists' work product materials only under narrow exceptions, such as where the journalist is alleged to be involved in a crime," notes the letter. "But again, the government has not accused Natanson of any wrongdoing."
"Congress has an independent and co-equal duty to oversee the Department of Justice," the missive stresses. "If the Department of Justice has nothing about its own conduct to hide from Congress and the public, this administration should welcome the opportunity to prove the necessity of its actions."
"If, however, federal officials have misled a judge in order to expose the identities of whistleblowers and to intimidate the press, Congress must know immediately," the coalition concluded. "We look to you to defend our First Amendment freedoms against executive overreach and abuse."
Since returning to office a year ago, President Donald Trump has waged a "war on free speech," as the group Free Press detailed in a report last month. Highlighted actions include taking control of the presidential press pool, Trump's alarming speech to the DOJ, blocking the Associated Press from the Oval Office for using the term Gulf of Mexico, an executive order to defund National Public Radio and Public Broadcasting Service, suing over Wall Street Journal reporting on the president's ties to deceased sex offender Jeffrey Epstein, threatening to sue over the BBC's documentary about January 6, 2021, the Pentagon's new press policy, and getting late-night host Jimmy Kimmel suspended.
Those actions are part of a broader crackdown on dissent targeting Trump critics, government employees who worked on accountability for January 6, and protesters—including people in the streets over the administration's anti-immigrant operations.
Emily Peterson-Cassin, policy director at Demand Progress, one of the organizations behind the new letter, said in a statement that "by raiding Hannah Natanson's home and seizing her devices, the government threatened bedrock principles of our Constitution and a free society... Congress has a responsibility to investigate whether the government is undermining the First Amendment and a free press by targeting and threatening a reporter like this."
The other signatories are the American Society of Journalists and Authors, Amnesty International USA, Association of Foreign Press Correspondents in the USA, Defending Rights and Dissent, Democratic Messaging Project, Freedom of the Press Foundation, Journalism and Women Symposium, Media and Democracy Project, National Press Photographers Association, PEN America, People for the American Way, Public Citizen, Radio Television Digital News Association, Reporters Without Borders, and Society of Professional Journalists.