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"Our bipartisan movement in defense of civil liberties is holding strong," a Demand Progress campaigner said after Congress passed a short-term extension to continue talks on a longer renewal.
Just a day after Democrats in the GOP-controlled US House of Representatives helped Republicans send a major spying bill to the Senate, despite warnings that it was dead on arrival there, both chambers on Thursday passed a 45-day extension to continue negotiations.
The Senate approved the stopgap bill for Section 702 of the Foreign Intelligence Surveillance Act (FISA)—which allows the federal government to spy on electronic communications of noncitizens located outside the United States without a warrant—by a voice vote. The House signed off with a 261-11 vote, just hours before a previous short-term extension was set to expire.
President Donald Trump and his homeland security adviser, Stephen Miller, have been demanding a "clean" extension of the program, while critical lawmakers from both parties and over 100 civil society groups have called for privacy reforms to protect Americans whose data is swept up in federal surveillance efforts.
Hajar Hammado, senior policy adviser at Demand Progress, one of the organizations leading reform calls, said in a Thursday statement that "intelligence agencies, the White House, and their allies in Congress have tried every trick in the book from fearmongering to misinformation, but they still can't get their warrantless FISA reauthorization across the finish line."
"The reason we keep ending up at this point is congressional leaders' refusal to allow votes on overwhelmingly popular, bipartisan reforms," she continued. "This 'my way or the highway' approach needs to stop."
According to Politico, US Senate Majority Leader John Thune (R-SD) told reporters on Thursday that he and House Speaker Mike Johnson (R-La.) discussed the short-term extension during a closed-door meeting the previous day.
"I think there's already a pretty substantial dialog going on" between key Democrats and Republicans in both chambers, Thune added. "We're interested in looking at some ways in which it can be reformed... So we're entertaining those ideas at the moment."
Hammado declared that "when Congress returns, Speaker Johnson and Leader Thune must allow votes on amendments for real privacy protections or we'll keep repeating this farce over and over again. Our bipartisan movement in defense of civil liberties is holding strong, and we won't accept anything less."
Sen. Ron Wyden (D-Ore.), a longtime defender of privacy rights who had threatened to block the extension, highlighted on social media Thursday that he "secured a commitment that the FISA court opinion revealing abuses of Americans' rights will be DECLASSIFIED before Congress votes on reauthorization."
"The more Americans know about these abuses," he said, "the more they'll demand real reforms."
"It was these Democrats' responsibility to stand up against this administration, and they voted to stand down instead," said one campaigner.
Dozens of Democrats in the Republican-controlled US House of Representatives helped the GOP send a key spying bill to the Senate on Wednesday, earning sharp condemnation from the diverse movement that has called for privacy reforms.
The House voted 235-191 in favor of the bill released last week by Speaker Mike Johnson (R-La.), who has been trying for months to get an extension of Section 702 of the Foreign Intelligence Surveillance Act (FISA) to President Donald Trump's desk.
FISA's Section 702 allows the US government to surveil electronic communications of noncitizens located outside the United States to acquire foreign intelligence information, without a warrant. However, Americans' data is also swept up, and civil society, along with some lawmakers from both major parties, has demanded reforms to prevent further abuse by federal agencies.
In the lead-up to the vote, progressives such as Rep. Ilhan Omar (D-Minn.) warned that "this bill has no meaningful reforms to stop warrantless surveillance, directly undermining the Fourth Amendment" to the US Constitution, which is supposed to protect Americans against unreasonable searches and seizures.
Another "Squad" member, Rep. Rashida Tlaib (D-Mich.), took to the House floor to blast Section 702 as "a dangerous mass surveillance tool" that "has been used to spy on Black Lives Matter protesters, members of Congress, journalists, and more."
However, 42 Democrats—including House Permanent Select Committee on Intelligence Ranking Member Jim Himes (Conn.)—still joined most House Republicans in advancing the legislation.
In addition to Himes, the Democrats who voted for the bill are Pete Aguilar (Calif.), Ami Bera (Calif.), Sanford Bishop (Ga.), Nikki Budzinski (Ill.), Janelle Bynum (Ore.), Ed Case (Hawaii), Kathy Castor (Fla.), Gil Cisneros (Calif.), Herb Conaway (NJ), Henry Cuellar (Texas), Don Davis (NC), Lois Frankel (Fla.), Laura Gillen (NY), Jared Golden (Maine), Vicente Gonzalez (Texas), Josh Gottheimer (NJ), Josh Harder (Calif.), Chrissy Houlahan (Pa.), Steny Hoyer (Md.), Greg Landsman (Ohio), Susie Lee (Nev.), Kristen McDonald Rivet (Mich.), Jared Moskowitz (Fla.), Frank Mrvan (Ind.), Donald Norcross (NJ), Marie Gluesenkamp Perez (Wash.), Scott Peters (Calif.), Mike Quigley (Ill.), Josh Riley (NY), Brad Schneider (Ill.), Kim Schrier (Wash.), Terri Sewell (Ala.), Eric Sorensen (Ill.), Darren Soto (Fla.), Marilyn Strickland (Wash.), Tom Suozzi (NY), Derek Tran (Calif.), Gabe Vasquez (NM), Marc Veasey (Texas), Debbie Wasserman Schultz (Fla.), and George Whitesides (Calif.).
"It's incredibly disappointing the House approved this measure," said Jake Laperruque, deputy director of the Center for Democracy and Technology's Security and Surveillance Project, in a statement. "This bill is empty calories through and through. It contains no warrant for querying Americans' messages, and no meaningful reforms of any kind. The razor-thin procedural vote this afternoon makes clear that there's an appetite for reform, but House leadership took meaningful reforms off the menu."
"There is nothing in this bill that would have prevented the abuses of FISA 702 we've already seen—snooping on lawmakers, protesters, and campaign donors—and there is nothing that would stop even worse abuses in the future. A vote for this bill was a vote to give the FBI and other intelligence agencies a three-year blank check for surveillance abuse."
Hajar Hammado, senior policy adviser at Demand Progress—which helped convene over 100 artificial intelligence, civil rights, and other progressive groups pressuring Congress to include privacy protections in any renewal bill for the spying power—took aim at the House Democrats who supported the legislation.
"The 42 Democratic votes to advance Speaker Johnson and Donald Trump's surveillance agenda are dangerous and shameful," she declared.
"These Democrats defied their constituents and common sense to undercut meaningful privacy reforms in the House and instead voted to hand over sweeping spy powers to the Trump administration," she stressed. "This means continuing warrantless backdoor searches and allowing an increasing number of federal agencies to exploit the data broker loophole to supercharge AI and fuel mass domestic surveillance."
Hammado said that "their vote today has major consequences, as even 22 Republicans put principles over politics and voted against renewing FISA without warrant protections. It was these Democrats' responsibility to stand up against this administration and they voted to stand down instead."
While stressing that "no administration should have these powers," Free Press Action advocacy director Jenna Ruddock directed attention at "the champions for a clean extension of Section 702 in the Trump administration in particular," including the president's homeland security adviser, Stephen Miller.
"Stephen Miller has advocated against reforms to Section 702, claiming it is critical to his and Trump’s homeland security agenda, even as members of the administration refer to political opponents as 'enemies within,'" she noted. "Today, 42 Democrats joined 192 Republicans to co-sign Donald Trump and Stephen Miller's domestic surveillance agenda, jeopardizing the civil rights and liberties of every person in the United States."
Zeteo News reporter Prem Thakker pointed out that House "Democratic leadership did not whip their members, enabling them to vote with Republicans and give Trump the surveillance powers."
While calling out the House Democrats who backed the bill, campaigners also set their sights on the Senate, where Punchbowl News reporter Anthony Adragna predicted that "it's DOA," or dead on arrival. Republicans have a slim majority in the chamber and, due to its rules, need at least some Democratic support to pass most bills, including this one.
A key issue is the central bank digital currency ban included in the House bill. Senate Majority Leader John Thune (R-SD) told reporters on Wednesday that he may try to pass a 45-day extension instead. After a recent short-term extension, the spying authority is set to expire Thursday night.
"Now the fight moves to the Senate, where privacy champions in both parties are gearing up to try and stop this reckless giveaway to the surveillance state," Hammado said. She urged members of the upper chamber to join "bipartisan reformers" like Sens. Dick Durbin (D-Ill.), Mike Lee (R-Utah), Rand Paul (R-Ky.), and Ron Wyden (D-Ore.) "in voting against any FISA measure that lacks real reforms like a warrant requirement to close the backdoor search and data broker loopholes."
Laperruque similarly said that "we hope senators will stand strong and reject this dangerous proposal."
Ruddock highlighted that "there is bipartisan legislation already introduced in both the House and Senate that would make desperately needed reforms to government surveillance powers."
"The Senate should reject the fake reforms in the current House bill and demand a vote on real reforms to Section 702, including a warrant requirement, and closing the data broker loophole," she said. "Our constitutional rights depend on it."
This article has been updated to include the names of the Democrats who voted for the bill.
"Donald Trump and Stephen Miller want unfettered surveillance powers without any chance to enact protections, and Democrats must not give it to them," one campaigner warned.
A week after four Democrats helped Republicans pass a short-term extension of a controversial spying power with a dead-of-night vote in the US House of Representatives, Speaker Mike Johnson on Thursday released a bill that would renew the authority for three years—double the amount of time the Louisiana Republican and President Donald Trump were previously pushing.
As that bill text circulated, Demand Progress—one of the scores of civil society groups calling for privacy reforms to be included in any renewal of Section 702 of the Foreign Intelligence Surveillance Act (FISA)—took aim at those Democrats: Reps. Marie Gluesenkamp Perez (Wash.), Jared Golden (Maine), Josh Gottheimer (NJ), and Tom Suozzi (NY).
"Just like last time, Speaker Johnson's latest proposal lacks any meaningful privacy reforms, but this time, they're trying to renew FISA for three more years—twice as long as the Trump administration asked for," said Demand Progress senior policy adviser Hajar Hammado in a statement.
"Donald Trump and Stephen Miller want unfettered surveillance powers without any chance to enact protections, and Democrats must not give it to them," Hammado argued, referring to Trump's deputy chief of staff for policy and homeland security adviser.
"We need Reps. Gottheimer, Suozzi, Golden, and Gluesenkamp Perez to stand with the rest of Democrats and hold Donald Trump accountable," the campaigner emphasized. "A vote in support of this FISA bill, especially procedural votes to advance it, is both a vote to allow Donald Trump to continue invasive, warrantless surveillance of private American citizens, and to sabotage even the chance of protecting privacy."
FISA's Section 702 allows the US government to surveil electronic communications of noncitizens located outside the United States to acquire foreign intelligence information, without a warrant. However, it's been abused at least hundreds of thousands of times by the Federal Bureau of Investigation (FBI) alone—which has fueled calls for reforms, including closing the data broker loophole that agencies use to buy their way around the Fourth Amendment to the US Constitution.
"Speaker Johnson wants to pretend this bill is reform, but it's the same type of empty-calorie proposal that failed last week," warned Jake Laperruque, deputy director of Center for Democracy and Technology's Security and Surveillance Project. "There is nothing in this bill that would have prevented the abuses of FISA 702 we've already seen—snooping on lawmakers, protesters, and campaign donors—and there is nothing that would stop even worse abuses in the future."
"Members of Congress have a clear choice: They can support this proposal and give the FBI and other intelligence agencies a three-year blank check, or they can stand strong and demand real reforms to protect the American people," he said.
Elizabeth Goitein, co-director of the Brennan Center for Justice's Liberty and National Security Program, similarly stressed how the latest bill is "almost identical to the one that failed last week," explaining on social media that "the main 'reform' in Johnson's first proposal was a provision that merely restated existing law, under which the government may not 'target' Americans under Section 702 but may do so with a warrant or FISA Title I order."
"That provision was titled 'warrant requirement,' even though it imposed no new warrant requirement whatsoever. And it had zero relevance to the issue at the heart of the debate over Section 702, namely, backdoor searches," she noted. "Backdoor searches are not considered to be 'targeting' Americans for surveillance. Rather, they are searches of collected communications of foreign targets outside the United States for Americans' communications that were 'incidentally' swept in."
"Astonishingly, Johnson has chosen to feature this same do-nothing provision in his new proposal. This time, the drafters have dropped any pretense of creating new law and titled the provision 'Fourth Amendment Requirement for Targeting United States Persons,'" Goitein continued. "This is not a reform bill, and it's not a compromise. It's a straight reauthorization with eight pages of words that serve no serious purpose other than to try to convince members that it's NOT a straight reauthorization."
According to her: "House members didn't fall for it last week, and they shouldn't fall for it now. Speaker Johnson must allow the House to vote on the reforms that members and the American people are demanding, including a warrant requirement to access Americans' communications."
The GOP narrowly has the numbers to pass legislation with a party-line vote in the House, but some of the chamber's Republicans have joined in the calls for privacy reforms. Libertarian leaders, including Justin Amash, a former Republican congressman from Michigan, have forcefully spoken out against Johnson's efforts.
"House Republicans are spitting on the Constitution and spitting in all our faces," Amash said of the bill unveiled Thursday.
Calling out the House Permanent Select Committee on Intelligence, Senate Select Committee on Intelligence, and vast US Intelligence Community, Patrick Eddington, a senior fellow in homeland security and civil liberties at the libertarian Cato Institute, declared that "this is an HPSCI, SSCI, IC Trojan horse bill masquerading as something Fourth Amendment-compliant."
Senate Majority Leader John Thune (R-SD) "is threatening to take over negotiations if the House GOP can’t resolve differences quickly," according to Politico. In the upper chamber, Republicans need at least some Democratic support to pass a reauthorization bill.