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Congress Must End Warrantless Spying Program
Trump is more than willing to risk your rights and privileges for the sake of the America he desires. For a petty narcissist obsessed with revenge, section 702 of FISA is another dangerous and powerful tool for furthering his authoritarian agenda.
Apr 24, 2026
On April 17, Congress voted to pass a brief 10-day extension of section 702 of the Foreign Intelligence Surveillance Act, or FISA. This sets the new expiration date for April 30, 2026.
Section 702 was added to FISA in 2008 with a provision that requires Congress to periodically reauthorize it. The measure allows national security agencies like the National Security Agency (NSA), Federal Bureau of Investigation (FBI), and Central Intelligence Agency (CIA) to collect and monitor—without a warrant—any electronic communications sent to and from non-US persons “reasonably believed to be located” outside the US. Notably, Americans who send messages to people abroad may likewise have their data surveilled.
Law enforcement agencies have consistently abused this loophole to spy on US citizens in clear violation of their Fourth Amendment rights. The Brennan Center for Justice reports that, in recent years, the government has conducted warrantless “searches for the communications of 141 Black Lives Matter protesters; 19,000 donors to a congressional campaign; members of Congress; multiple US government officials, political commentators, and journalists; and tens of thousands of Americans engaged in ‘civil unrest.’”
Even President Donald Trump alleges being a victim of these “backdoor searches.” Ahead of the last renewal vote in April 2024, Trump posted on Truth Social, “KILL FISA, IT WAS ILLEGALLY USED AGAINST ME, AND MANY OTHERS. THEY SPIED ON MY CAMPAIGN!!! DJT.”
The Trump administration perfectly encapsulates the dangers that section 702 presents to the American public and the wider international community. Far from preventing terrorism, section 702 enables it.
Since returning to the White House, however, his tone has notably shifted. On April 15, Trump posted that Republicans must “UNIFY” to pass a “clean extension of FISA 702.” He continues, “While parts of FISA were illegally and unfortunately used against me in the Democrats’ disgraceful Witch Hunt and Attack in the RUSSIA, RUSSIA, RUSSIA Hoax, and perhaps would be used against me in the future, I am willing to risk the giving up of my Rights and Privileges as a Citizen for our Great Military and Country!”
Trump’s strong endorsement of section 702 is unsurprising. His administration has actively worked to undermine the rights and protections the Constitution guarantees. This includes: (i) subpoenaing social media sites to turn over the personal data of users who have criticized Immigration and Customs Enforcement; (ii) actively exploring a proposal to detain US citizens and deport them to prisons in El Salvador; (iii) violating states’ rights by threatening to cut funding to sanctuary cities as well as commandeering state and local officials to do the federal government’s bidding; (iv) working to disenfranchise voters via the election-rigging SAVE America Act; and (v) his administration’s efforts to restrict birthright citizenship, among many other examples.
Trump is more than willing to risk your rights and privileges for the sake of the America he desires. For a petty narcissist obsessed with revenge, section 702 is another dangerous and powerful tool for furthering his authoritarian agenda.
Already, Trump is actively exploiting section 702 to advance his illegal wars. On April 14, he posted, “Our Military desperately needs FISA 702, and it is one of the reasons we have had such tremendous SUCCESS on the battlefield, both in Venezuela and Iran.” These ‘successes’—or more accurately, war crimes and violations of international law—include kidnapping Venezuelan President Nicolás Maduro; assassinating Iran’s Ayatollah Ali Khamenei; and inciting a reckless war of choice that has seen the US and Israel deliberately target schools, hospitals, and residential buildings.
The Trump administration perfectly encapsulates the dangers that section 702 presents to the American public and the wider international community. Far from preventing terrorism, section 702 enables it.
To be clear, however, the reasons for ending section 702 go beyond the Trump administration. First, the measure undermines the very rationale for FISA. FISA was enacted in 1978 following the revelations of widespread warrantless surveillance under the Nixon administration. This included not only the infamous Watergate scandal, but also spying on anti-war protesters and civil rights activists under the guise that they were linked to foreign communist groups. FISA requires intelligence agencies to obtain authorization for electronic surveillance and other investigative actions. It also establishes the FISA court to oversee requests for surveillance warrants.
Section 702 bypasses these safeguards. Once the government collects a target’s data, the FBI and other agencies can search through it to find Americans’ phone calls, text messages, and emails without a warrant or approval from the FISA court. Section 702 allows the government to engage in the very kinds of Nixonian abuses FISA was designed to prevent.
Keeping in line with Trump’s interests, Johnson’s proposal would permit the federal government to continue its assault against the American public and the global community unimpeded.
In fact, section 702 originally grew out of a secret warrantless surveillance program authorized by the Bush administration following the 9/11 attacks. The New York Times exposed the Terrorism Surveillance Program (TSP) to the public in 2005, triggering a wave of lawsuits. In 2006, Judge Anna Diggs Taylor ruled that TSP violated FISA and the Constitution. Despite this, as the American Civil Liberties Union notes, “Congress weakened FISA in 2007 and then again in 2008 to permit the warrantless wiretapping that the law had previously prohibited.” Instead of shutting down Bush’s unconstitutional program, Congress effectively codified it.
Second, and relatedly, section 702 cannot be meaningfully reformed precisely because the measure is antithetical to FISA itself. In 2023, amid another FISA renewal debate, then-FBI director Christopher Wray told Congress that he was “especially concerned” about a proposal that would require the government to obtain a warrant or court order before accessing information obtained using section 702. He remarked that, “A warrant requirement would amount to a de facto ban, because query applications either would not meet the legal standard to win court approval; or because, when the standard could be met, it would be so only after the expenditure of scarce resources, the submission and review of a lengthy legal filing, and the passage of significant time.”
This makes sense. After all, the entire point of section 702 is to authorize a warrantless surveillance program. A warrant requirement would effectively render it useless.
More modest attempts at reform have been proposed and even implemented. The 2024 Reforming Intelligence and Securing America Act (RISAA), for instance, introduced a few provisions aimed at restricting backdoor searches. Yet, within a few months, the FBI was already violating those new requirements. While the Office of the Director of National Intelligence (ODNI) contends that RISAA has led to a steep decline in backdoor searches, the reality is that the FBI failed to track all such queries in 2024 and 2025. Whether RISAA has had any real impact is thus unknown. That said, even if a decline occurred, RISAA—and similar proposals—would still have failed at solving the fundamental problem: prohibiting warrantless government surveillance and mass data collection.
This is the dilemma reformists face: A warrant requirement is a “de facto ban,” but any other form of restrictions will, at best, only lessen the number of people whose constitutional rights are violated.
The proposed three-year extension unveiled by Speaker of the House Mike Johnson (R-La.) on April 23 is no better. It includes minimal new oversight and penalties for abusing the spy program, but no warrant requirements. As Senator Ron Wyden (D-Ore.) remarked: “Instead of ending warrantless surveillance or creating more transparency about government spying, this bill only requires a few more Trump administration officials to check a box. That always leads to more abuses, not less.” Keeping in line with Trump’s interests, Johnson’s proposal would permit the federal government to continue its assault against the American public and the global community unimpeded.
Third, while Trump and the CIA make sweeping claims about the terror attacks that section 702 has prevented, there is little publicly available evidence to support this. According to the Cato Institute, there is only one well-documented, independently corroborated case of section 702 preventing a terrorist attack on American soil: the 2009 New York subway bombing plot. In that case, section 702 was used by the NSA to track an exchange between an al-Qaeda courier and Najibullah Zazi, who was living in the US. The NSA passed this information to the FBI, which identified Zazi and disrupted the attack before it took place. Importantly, however, the NSA allegedly received the courier’s foreign email address from the government’s British Intelligence partners. At best then, this success was a byproduct of productive intelligence sharing between allies. Rather than proving the necessity of section 702, this incident underscores how Trump’s inane attacks against key US allies undermine our national security.
Congress should end section 702 and shift their focus to implementing more meaningful guardrails and oversight to FISA. At a time when constitutional rights are under unprecedented threat, Congress must act in the best interest of the public. While there’s still time, I urge everyone to contact their representatives and express their opposition to extending section 702.
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In Dead of Night, Johnson Tries—But Fails—to Ram Through Domestic Spying Bill for Trump
The president and GOP House speaker wanted a 5-year extension of a despised domestic spying bill. Instead, they got just two weeks. "Now, they will have to fight in daylight tomorrow!" said one Democratic lawmaker
Apr 17, 2026
A dramatic series of votes in the US House of Representatives resulted in a dead-of-night extension of what critics describe as a "deceitful proposal" to continue a controversial domestic spying program, known as Section 702, that allows federal agencies to spy on the communications of Americans without a warrant.
While US President Donald Trump and his allies on the issue have pushed aggressively for a longer agreement to continue the controversial provision of the Foreign Intelligence Surveillance Act, or FISA, most of the Democratic caucus and a band of renegade, more libertarian-leaning Republicans have resisted.
In the 228-197 final vote, a total of four Democrats—Reps. Jared Golden of Maine, Josh Gottheimer of New Jersey, Marie Gluesenkamp Perez of Washington, and Thomas R. Suozzi of New York—joined with all but 25 Republicans who voted to pass a 10-day extension. Twenty GOP members voted against it, while five did not vote.
Ahead of the votes—including on separate versions asking for a 5-year and then 18-month extensions of Section 702—opponents of any clean extension, including Rep. Ro Khanna (D-Calif.), said anyone opposed to warrantless spying on Americans must vote no.
"They have called us back at midnight to cast a secret vote to reauthorize FISA while America sleeps," said Khanna in a late-night social media post. "A yes vote gives Trump more power to surveil Americans. Every Democrat must vote no. Everyone who loves the constitution must vote no."
They have called us back at midnight to cast a secret vote to reauthorize FISA while America sleeps. A yes vote gives Trump more power to surveil Americans.
Every Democrat must vote no. Everyone who loves the constitution must vote no. pic.twitter.com/kJGQm5EWW3
— Ro Khanna (@RoKhanna) April 17, 2026
The bloc of 20 Republicans who voted against the shorter extension also refused to budge on the push, despite heavy lobbying from the Trump White House and pressure from House Speaker Mike Johnson, for the 18-month and 5-year versions.
The holdouts on both sides of the aisle, meanwhile, have been demanding privacy reforms to make sure the communications of US citizens are not swept up in the surveillance of noncitizens targeted abroad by the nation's spy agencies and law enforcement.
"Let me be clear," said Rep. Pramila Jayapal (D-Wash.) explaining her no vote in a statement. "There is no new warrant requirement in tonight's amendment to FISA reauthorization. It does absolutely nothing to fix the massive loopholes in 702 collection that allow the government to spy on Americans without a warrant. It does nothing to fix the data broker loophole. And it slaps a 5-year extension on this bill so that this White House can continue to spy on Americans and violate our privacy rights for an even longer time."
Speaker Johnson, she charged, "is trying to pass it in the middle of the night—like so many of other pieces of his agenda—because he knows it is not what the American people want. Don't be fooled: this bill simply continues to the spying and surveillance of the American people."
Outside critics of the clean extension effort have criticized Democratic lawmakers, including Reps. Gregory Meeks of New York and Jim Hines of Connecticut—the latter of whom was reportedly conferring with the Republican whip team on the floor of the House late Thursday night—with sabotaging efforts to get a bill with stronger protections.
Sean Vitka, executive director of Demand Progress, which has led a bipartisan coalition against a clean extension of the FISA provision, said serious questions must be asked about the role some Democrats are playing in the current fight to win significant reforms.
“Speaker Johnson’s failure to ram through an 18-month FISA extension creates time for Congress to vote on critical privacy protections, namely closing the backdoor search and data broker loopholes," Vitka said after the short-term extension was passed overnight. "This failure of Himes and House Republican leaders is a testament to the good-faith, bipartisan movement fighting tirelessly for Americans’ privacy rights. This is a major opportunity to protect Americans’ civil liberties, and the Republicans who withstood this pressure should be celebrated for putting privacy over party.
"Extraordinarily, four Democrats chose to back Speaker Johnson over Leader Jeffries on this critical privacy vote," Vitka added. "Given that top Intelligence Democrat Jim Himes was caught speaking with Speaker Johnson before the vote, reporters should be asking whether he engineered these defections in an effort to sabotage the mere chance for the House to enact key, broadly bipartisan civil liberties protections. It would be unconscionable for someone with a critical oversight role like Himes to do so."
For his part, Khanna said the battle for meaningful reforms to the FISA law continues.
"We just defeated Johnson's efforts to sneak through a 5-year FISA authorization tonight," said Khanna. "Now, they will have to fight in daylight tomorrow!"
Vitka said that from now until the end of the month, when the short-term extension expires, lawmakers "fighting against privacy reform to face reality: the American people don’t want FISA to continue as-is and are watching like hawks."
"If you want to renew FISA," he added, "you must come to the table and agree to real privacy reforms that stop the government from bypassing the courts to collect private information on Americans.”
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Rights Groups to Dems: Don't Give Stephen Miller What He Wants on Mass Surveillance
“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."
Mar 12, 2026
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.”
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