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foreign intelligence surveillance act
Privacy Advocates Relieved Trump Allies 'Can't Get Their Warrantless FISA Reauthorization Across the Finish Line'
"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.
Apr 30, 2026
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."
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'Dangerous and Shameful': 42 House Democrats Help GOP Send Trump Spying Bill to Senate
"It was these Democrats' responsibility to stand up against this administration, and they voted to stand down instead," said one campaigner.
Apr 29, 2026
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.
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'This Fight Is Nowhere Near Over,' Privacy Advocates Warn After GOP Again Punts FISA Vote
"We won't stop fighting for a self-evident truth: The government should not be able to bypass the courts to surveil Americans," said one privacy campaigner.
Apr 15, 2026
A controversial federal spying power is set to expire next week, but Republican leadership in the US House of Representatives again delayed a reauthorization vote on Wednesday amid persistent demands for reforms from across the political spectrum.
President Donald Trump is pushing for a "clean" 18-month extension of Section 702 of the Foreign Intelligence Surveillance Act (FISA), which allows for warrantless spying on the electronic communications of noncitizens located outside the United States.
House Speaker Mike Johnson (R-La.) "canceled a vote scheduled for Wednesday evening... amid a hard-liner rebellion, making it more likely the program could expire in five days—but said the House would try again Thursday," Politico reported.
As for whether there would be the necessary votes on Thursday to adopt a rule to proceed to consideration of the bill, Johnson said: "I think we will... We're working through some final details."
Although GOP leaders are plowing ahead with their reauthorization effort, Demand Progress senior policy adviser Hajar Hammado still welcomed the delay, declaring that "this time, fearmongering was not enough to overcome a bipartisan movement fighting for the privacy rights of all Americans."
"We rarely ever see the full force of the White House and the intelligence agencies fail to browbeat Congress into giving them what they want," Hammado noted. "That this happened today is a testament to the tireless work of our movement, which has been successfully bringing Republicans, Democrats, and Independents together for a common cause."
"Of course, this fight is nowhere near over," she added. "Speaker Johnson can still force a vote any time with extremely short notice, but our coalition feels the wind at our backs, and we won't stop fighting for a self-evident truth: The government should not be able to bypass the courts to surveil Americans."
Hammado's group has been a leader in the growing coalition calling for reforms—including for lawmakers to close 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 Americans against unreasonable searches and seizures.
It's not just congressional Republicans under pressure. Demand Progress Action and Fight for the Future took aim at House Intelligence Committee Ranking Member Jim Himes (D-Conn.)—who has signaled that he will support renewal and vote against adding privacy protections—with a Sunday print advertisement in the Connecticut Post.
We teamed up with @demandprogress.bsky.social to call out @jahimes.bsky.social for supporting Trump's mass surveillance efforts by trying to push through Section 702 without reform.
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— Fight for the Future (@fightforthefuture.org) April 14, 2026 at 8:38 PM
On Tuesday, Congressional Asian Pacific American Caucus Chair Grace Meng (D-NY), Congressional Hispanic Caucus Chair Adriano Espaillat (D-NY), and Congressional Progressive Caucus Chair Greg Casar (D-Texas) spearheaded a letter to Democratic and Republican leaders in both chambers arguing that "this authority ought to include meaningful Fourth Amendment protections for Americans in its renewal package."
"The Trump administration has demonstrated an unparalleled appetite for collecting and exploiting Americans' personal data," the caucus leaders and members wrote. "The administration has built profiles on American citizens, demanded that artificial intelligence (AI) companies assist in mass domestic surveillance, and paid hundreds of millions of dollars to build a megadatabase of Americans' personal data. Without independent guardrails on Section 702, this administration has
repeatedly shown that it cannot be trusted to police its own use of this sweeping surveillance authority."
Over 30 civil society organizations—including Demand Progress, Fight for the Future, Indivisible, Project On Government Oversight, RootsAction, and more—endorsed the congressional letter. POGO policy counsel Donald Bell commended the leadership of the caucuses "in seeking real guardrails and accountability that protect our constitutional rights," while Hammado urged "all members of Congress to follow the lead" of the three groups.
Meanwhile, The American Prospect reported Monday that "the Congressional Black Caucus will quietly support an effort to reauthorize surveillance powers that were used to spy on Black Lives Matter activists in 2020," which "comes after Rep. Gregory Meeks (D-NY), the powerful ranking member of the House Committee on Foreign Affairs, successfully lobbied CBC leadership to stand down on reforming the vast intelligence authority."
After publication, Meeks told the outlet that "I support FISA reauthorization, but the only vote I've been whipping is my war powers resolution to end the war in Iran. Whip operations are traditionally conducted by the ranking member of the committee that has jurisdiction over the legislation being considered. Any claim that I'm whipping the CBC on FISA is false."
In response to that reporting,Re Access Now, Fight for the Future, and STOP Spying NYC said in a joint statement that "if the heat of the glares aimed at Rep. Meeks right now could melt him, he'd be dripping like a snowman on the pavement in July. No one in Queens wants everybody in the federal government to have total access to the intimate details of their lives with the tap of a mouse."
Highlighting the danger of continuing the spying power sans privacy protections as Trump's Immigration and Customs Enforcement officers roam US streets, the groups said that "it is a total betrayal of the Fourth Amendment and the dignity of everyday people in this country to treat us all as if we are guilty until Big Brother Trump proves us innocent by watching our every move. And worse—it's impossible to predict how these troves of records may be weaponized in the future against racial justice activists, trans and queer families, abortion patients and providers, anti-war activists, or anyone who acts out of step with MAGA."
"It's supposed to be the Foreign Intelligence Surveillance Act, not the Forever Indiscriminate Surveillance Act. Rep. Meeks' colleagues are proposing real safeguards to protect people against this indiscriminate government surveillance," the trio added. "He is not only failing his constituency, he is disrespecting them and putting them in danger. It's not too late for Rep. Meeks to get on the right side of history."
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Trump Openly Calls for 'Clean' Extension of Spying Power Opposed by Privacy Advocates
"We won't allow President Trump and Stephen Miller to continue invading our privacy," said the ACLU.
Mar 25, 2026
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."
The controversial law known as FISA Section 702 is up for renewal in Congress. It allows government to spy on Americans’ communications without a warrant.Use our action center to tell Congress to reform Section 702 and end mass warrantless surveillance!
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— Freedom of the Press Foundation (@freedom.press) March 22, 2026 at 7:35 PM
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."
We won't allow President Trump and Stephen Miller to continue invading our privacy.Tell Congress to refuse to reauthorize Section 702 of the Foreign Intelligence Surveillance Act, which would expand the federal government's power to secretly spy on us.
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— ACLU (@aclu.org) March 24, 2026 at 9:31 AM
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."
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Johnson Delays FISA Vote Amid Bipartisan Push for 'Major, Necessary' Privacy Reforms
"Republicans, Democrats, and independents all overwhelmingly want Congress to take serious action to protect privacy—in particular against AI and data brokers," said one campaigner.
Mar 20, 2026
With just a month until a key Foreign Intelligence Surveillance Act spying power expires, US House Speaker Mike Johnson was planning to try to push through reauthorization legislation next week, but the Louisiana Republican leader is now reportedly delaying the vote while "still dealing with a dozen or so Republican members who want reforms."
Privacy advocates and lawmakers across the political spectrum have long called for reforms to FISA's Section 702, which empowers the US government to surveil electronic communications of noncitizens located outside the United States to acquire foreign intelligence information, without a warrant.
Citing three unnamed sources familiar with discussions in the House of Representatives, Politico reported Friday that "with a GOP hard-liner revolt over warrantless surveillance threatening to tank the legislation," Johnson "will instead work through the remaining issues over the upcoming two-week recess and try to put the extension on the floor the week of April 14."
Welcoming the development, Demand Progress executive director Sean Vitka said in a statement that "Speaker Johnson is backing away from his plan to ram through a FISA reauthorization vote next week because he knows his members don't want it and the American people don't want it."
"Republicans, Democrats, and independents all overwhelmingly want Congress to take serious action to protect privacy—in particular against AI and data brokers—and oppose any efforts to rubber-stamp the government's warrantless mass surveillance powers as is," Vitka continued.
"Before any vote on reauthorizing FISA," he added, "Congress must first enact real protections for Americans' privacy, in particular by closing the data broker loophole to prevent the government from circumventing the courts and independent oversight through the purchase of Americans' private location, web browsing, and other sensitive information."
Various bills, including the bipartisan Security and Freedom Enhancement (SAFE) Act introduced last month by Sens. Dick Durbin (D-Ill.) and Mike Lee (R-Utah), would close the loophole that agencies use to buy their way around the Fourth Amendment to the US Constitution, which is supposed to protect Americans against unreasonable searches and seizures.
Demand Progress has endorsed that bill, and on Thursday partnered with the Project On Government Oversight and over 130 other artificial intelligence and civil rights groups for a letter urging Republican and Democratic congressional leaders to impose "much-needed privacy protections against government agencies' warrantless mass surveillance of people in the United States."
President Donald Trump and his pro-spying deputy chief of staff, Stephen Miller, have fought for a "clean" reauthorization, but the GOP has slim majorities in both chambers of Congress. In the House, Johnson can only afford to lose two votes, and in the Senate, most bills require at least some Democratic support to get to the president's desk.
The conduct of Trump's second administration has fueled calls for reform. Rep. Pramila Jayapal (D-Wash.), a member of the House Judiciary Committee, said in a Thursday statement that "as the Trump administration continues to run roughshod over our Constitution, we cannot continue to give them a further opening to sacrifice our civil liberties in the name of national security. We cannot give Stephen Miller a blank check to conduct domestic surveillance in violation of the Fourth Amendment."
"I have been working on essential reforms to FISA across administrations, and I have not wavered—whether it is a Democratic or Republican president," she noted. "This has always been a bipartisan issue for good reason. Americans across political parties care deeply about privacy and not being surveilled. Congress has a duty to protect those fundamental constitutional liberties. Any attempt to push forward a 'clean' reauthorization of Section 702 will put our private, sensitive data at risk."
Jayapal stressed that "this Trump administration has been particularly brazen in its use of domestic surveillance to suppress our constitutional rights and dissent. In just the last six weeks, the administration has blacklisted Anthropic for refusing to stand down on its requirement that its technology not be used for the mass surveillance of Americans, and we learned that the Department of Justice surveilled me—and likely many other members—while reviewing the Epstein files, seeking justice for survivors."
"In Minnesota, federal immigration agents have surveilled and intimidated US citizens exercising their First Amendment rights to document agents' unlawful actions," the congresswoman noted. "It is time to reform FISA, ensure our Fourth Amendment protections are guaranteed, and stop the government surveillance of Americans."
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Rights and Tech Coalition Calls On Congress to End Warrantless Mass Surveillance
"The American people do not want the government to bypass the courts and buy our private information in bulk from data brokers."
Mar 19, 2026
With Republican leadership in the US House of Representatives aiming for "a straightforward extension of Section 702 of the Foreign Intelligence Surveillance Act, or FISA, next week," a diverse coalition on Thursday renewed calls for Congress to impose "much-needed privacy protections against government agencies' warrantless mass surveillance of people in the United States."
Section 702 empowers the US government to spy on electronic communications of noncitizens located outside the United States to acquire foreign intelligence information, without a warrant. However, Americans' data is also collected, and advocates and lawmakers have long demanded reforms to the abused authority, which is set to expire next month unless reauthorized.
As President Donald Trump's White House—including Stephen Miller, his pro-spying deputy chief of staff—pushes for a "clean" reauthorization, 133 artificial intelligence, civil rights, and other progressive groups convened by Demand Progress and the Project On Government Oversight sent a Thursday letter to Republican and Democratic leaders in both chambers of Congress.
The coalition's letter argues that "FISA's sunsets were designed to prompt Congress to consider privacy protections" and calls for "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 Americans against unreasonable searches and seizures.
"Data brokers sell private information about all Americans, often surreptitiously obtaining that data from our phones and other internet-connected devices," the letter explains. "This information paints a mosaic of each and every American's life, which exposes where we sleep, what we believe, whom we vote for, and a staggering amount more."
The loophole "facilitates mass surveillance and circumvents FISA reforms Congress enacted in 2015 to prohibit domestic bulk data collection," the missive continues. Closing it "would ensure government agencies obtain judicial approval before buying information about people in the United States from data brokers if it would otherwise require a court order to seize."
"This would establish a critical legal process to protect privacy before such warrantlessly acquired information is fed into artificial intelligence surveillance systems, and help avert looming and unprecedented threats to Americans' civil liberties," it adds, citing a poll that shows 80% of Americans think the government should have to obtain a warrant before being able to buy such data.
The letter also highlights recent reporting from The New York Times that the US Department of Defense wants AI companies to "allow for the collection and analysis of unclassified, commercial bulk data on Americans, such as geolocation and web browsing data," and appears to have already secured one agreement that could permit any use the government deems lawful.
Demand Progress executive director Sean Vitka warned in a Thursday statement that "by rushing to renew FISA without any reforms, Congress is poised to allow AI companies and government agencies to supercharge mass domestic surveillance systems with our location and web browsing data—all without a warrant or any involvement from the courts."
"The American people do not want the government to bypass the courts and buy our private information in bulk from data brokers," Vitka stressed. "To protect Americans' privacy, our Fourth Amendment rights and the fundamental liberties that privacy protects, Congress must close the data broker loophole before renewing the government's surveillance power."
The letter—whose other signatories include the ACLU, Amnesty International US, Center for Democracy & Technology, Consumer Action, Electronic Privacy Information Center, Fight for the Future, Friends of the Earth US, MoveOn, No Tech for Apartheid, Peace Action, Progressive Democrats of America, Reporters Without Borders, and more—points out that "several already introduced pieces of legislation both reauthorize Section 702 and effectively close the data broker loophole."
Among them is the bipartisan Security and Freedom Enhancement (SAFE) Act, introduced last month by Sens. Dick Durbin (D-Ill.) and Mike Lee (R-Utah), and backed by organizations including Demand Progress.
"Section 702 is a valuable tool to help keep our nation safe," Durbin said at the time. "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."
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Congress Urged to Require Warrants in Reauthorization of Key Spy Power
"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."
Feb 24, 2026
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."
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Boosting Reform Calls, Judge Finds FISA Section 702 Backdoor Searches Unconstitutional
"This is a major constitutional ruling on one of the most abused provisions of FISA," said one ACLU leader. "Section 702 is long overdue for reform by Congress, and this opinion shows why."
Jan 23, 2025
"Better late than never."
That's how Electronic Frontier Foundation (EFF) surveillance litigation director Andrew Crocker and senior policy analyst Matthew Guariglia responded to a federal court ruling unsealed late Tuesday that found warrantless searches conducted under Section 702 of the Foreign Intelligence Surveillance Act (FISA) violate the Fourth Amendment to the U.S. Constitution.
Section 702 allows for warrantless spying on noncitizens abroad to acquire foreign intelligence information—but that also leads to the collection of Americans' communications. Abuse of the related database, particularly by the Federal Bureau of Investigation (FBI), has led privacy advocates including EFF to demand that Congress pass significant reforms.
The December decision from U.S. District Judge LaShann DeArcy Hall in the Eastern District of New York, unsealed earlier this week, stems from over a decade of litigation in United States v. Hasbajrami. Agron Hasbajrami was arrested at a New York City airport in 2011 and charged with attempting to provide material support to a terrorist group. The U.S. resident pleaded guilty, and after he was serving his sentence, the government revealed some evidence was obtained without a warrant thanks to Section 702.
In 2017, EFF and the ACLU filed an amicus brief arguing to the U.S. Court of Appeals for the 2nd Circuit that "Section 702 surveillance, including the surveillance of Mr. Hasbajrami here, lacks safeguards for Americans that the Constitution requires." In 2019, the appellate court "found that backdoor searches constitute 'separate Fourth Amendment events' and directed the district court to determine a warrant was required," Crocker and Guariglia explained Wednesday. "Now, that has been officially decreed."
Throughout the litigation, Congress has repeatedly reauthorized Section 702 on a bipartisan basis—most recently for two years last April, meaning it is unlikely to be debated on Capitol Hill again before next year. Still, pro-privacy campaigners and experts welcomed the district judge's recent ruling as a crucial victory and used it to renew calls for congressional action.
"This is a major constitutional ruling on one of the most abused provisions of FISA," Patrick Toomey, deputy director of ACLU's National Security Project, said in a Wednesday statement. "As the court recognized, the FBI's rampant digital searches of Americans are an immense invasion of privacy, and trigger the bedrock protections of the Fourth Amendment. Section 702 is long overdue for reform by Congress, and this opinion shows why."
Crocker and Guariglia argued that the Foreign Intelligence Surveillance Court—which has primary judicial oversight of Section 702—should immediately "amend its rules for backdoor searches and require the FBI to seek a warrant before conducting them."
In the longer term, the EFF experts wrote, "we ask Congress to uphold its responsibility to protect civil rights and civil liberties by refusing to renew Section 702 absent a number of necessary reforms, including an official warrant requirement for querying U.S. persons data and increased transparency."
"On April 15, 2026, Section 702 is set to expire," they added. "We expect any lawmaker worthy of that title to listen to what this federal court is saying and create a legislative warrant requirement so that the intelligence community does not continue to trample on the constitutionally protected rights to private communications."
Although Hall's ruling was issued against the Biden administration, it was unsealed a day after Republican U.S. President Donald Trump returned to power—backed by narrow GOP majorities in both chambers of Congress. Patrick G. Eddington, a senior fellow in homeland security and civil liberties at the Cato Institute, a libertarian think tank, wondered Wednesday, "Will the new Trump administration appeal the decision?"
"Attorney general nominee Pam Bondi testified under oath at her confirmation hearing that she supported the FISA Section 702 program, though the issue of warrantless 'backdoor' searches did not come up as I recall," Eddington noted.
Tulsi Gabbard, Trump's pick for director of national intelligence "has gone from FISA Section 702
opponent to supporter in record time," he added. "Assuming Gabbard gets a confirmation hearing, asking her about Hall's ruling should be the first question posed to her."
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'Shame': Bill Including Warrantless Spying Expansion Passes Senate, Becomes Law
"The Make Everyone A Spy provision will be abused, and history will know who to blame," one civil liberties advocate said.
Apr 20, 2024
The U.S. Senate voted early Saturday morning to reauthorize Section 702 of the Foreign Intelligence Surveillance Act for two years, including a "poison bill" amendment added by the U.S. House that critics and privacy advocates dubbed the "Make Everyone a Spy" provision.
The reauthorization, officially called the Reforming Intelligence and Securing America Act, passed the Senate 60-34 despite the more than 20,000 constituents who called opposing the measure, which the Brennan Center for Justice said would enable "the largest expansion of surveillance on U.S. soil since the Patriot Act." President Joe Biden then signed the bill into law later Saturday.
"It's over (for now)," Elizabeth Goitein, the co-director of the Brennan Center's liberty and national security program, said on social media. "A majority of senators caved to the fearmongering and bush league tactics of the administration and surveillance hawks in Congress, and they sold out Americans' civil liberties."
"There is no defense for putting a tool this dangerous in the hands of any president, and doing so is a historic mark of shame."
Section 702 is the provision that allows U.S. intelligence agencies to spy on non-U.S. citizens abroad without a warrant. Currently, they are able to do so by acquiring communications data from electronic communications service providers like Google, Verizon, and AT&T. The existing provision has already been widely abused and criticized, as the communications of U.S. citizens are often caught up in the searches.
However, an amendment added by Reps. Mike Turner (R-Ohio) and Jim Himes (D-Conn.) redefined electronic communications service providers to include any "service provider who has access to equipment that is being or may be used to transmit or store wire or electronic communications."
Former and current U.S. officials told The Washington Post that the new language was intended to apply to data cloud storage centers, but civil liberties advocates like Goitein warn it could be used to compel any business—such as a grocery store, gym, or laundry service—to allow the National Security Agency (NSA) to scoop up data from its phones or computers.
"The provision effectively grants the NSA access to the communications equipment of almost any U.S. business, plus huge numbers of organizations and individuals," Goitein wrote on social media early Saturday. "It's a gift to any president who may wish to spy on political enemies, journalists, ideological opponents, etc."
"It is nothing short of mind-boggling that 58 senators voted to keep this Orwellian power in the bill," Goitein wrote.
Privacy advocates also criticized how the vote was forced through, as the Biden administration and Senate leaders including Senate Majority Leader Chuck Schumer (D-N.Y.) and Chairman of the Senate Select Committee on Intelligence Mark Warner (D-Va.) had emphasized that Section 702 was set to expire on Friday and raised alarms about what would happen to national security if the Senate allowed this to happen. However, as The New York Times pointed out, a national security court ruled this month that the program could run for another year even if the law expired.
"The headlines of state-aligned media screech and crow about the nefarious designs of your fellow citizens and the necessity of foreign wars without end, but find few words for a crime against the Constitution."
"Senator Warner and the administration rammed this poison pill through the Senate by fearmongering and saying things that are simply false," Demand Progress policy director Sean Vitka said in a statement. "There is no defense for putting a tool this dangerous in the hands of any president, and doing so is a historic mark of shame."
Once Biden had signed the bill, Vitka added on social media: "Shame on the leaders who let House Intelligence veto reform in the darkness, and ram through terrifying surveillance expansions on the basis of outright lies. The Make Everyone A Spy provision will be abused, and history will know who to blame."
Goitein used similar language to condemn the vote.
"This is a shameful moment in the history of the United States Congress," she said on social media. "It's a shameful moment for this administration, as well. But ultimately, it's the American people who pay the price for this sort of thing. And sooner or later, we will."
NSA whistleblower Edward Snowden added, "America lost something important today, and hardly anyone heard. The headlines of state-aligned media screech and crow about the nefarious designs of your fellow citizens and the necessity of foreign wars without end, but find few words for a crime against the Constitution."
Schumer announced a deal late Friday to vote on a series of amendments to the bill clearing the way toward its passage, according to The Hill. However, all five amendments that would have added greater privacy protections were voted down, The Washington Post reported.
"If the government wants to spy on the private comms of any American, they should be required to get approval from a judge, as the Founding Fathers intended."
These included an amendment from Sen. Richard Durbin (D-Ill.) to require a warrant and another from Sen. Ron Wyden (D-Ore.) to remove the House language expanding the entities who could be forced to spy, according to Roll Call. The amendments were rejected 42-50 and 34-58 respectively.
"Congress' intention when we passed FISA Section 702 was clear as could be—Section 702 is supposed to be used only for spying on foreigners abroad. Instead, sadly, it has enabled warrantless access to vast databases of Americans' private phone calls, text messages, and e-mails," Durbin posted on social media.
"I'm disappointed my narrow amendment to protect Americans while preserving Section 702 as a foreign intel tool wasn't agreed to," Durbin continued. "If the government wants to spy on the private comms of any American, they should be required to get approval from a judge, as the Founding Fathers intended."
Wyden said in a statement: "The Senate waited until the 11th hour to ram through renewal of warrantless surveillance in the dead of night. But I'm not giving up. The American people know that reform is possible and that they don't need to sacrifice their liberty to have security. It is clear from the votes on very popular amendments that senators were unwilling to send this bill back to the House, no matter how common-sense the amendment before them."
Wyden was not the only one who pledged to keep fighting government surveillance overreach.
Vitka praised Durbin and Wyden, as well as other legislative privacy advocates including Sens. Rand Paul (R-Ky.) and Mike Lee (R-Utah) and Reps. Pramila Jayapal (D-Wash.), Warren Davidson (R-Ohio), Zoe Lofgren (D-Calif.), Andy Biggs (R-Ariz.), Jerrold Nadler (D-N.Y.), and Jim Jordan (R-Ohio), saying the lawmakers had "built a formidable foundation from which we will all continue to fight for civil liberties."
Goitein also said the opposition of outspoken senators and concerned citizens were "silver linings."
"Because of the heat we were able to bring, we extracted some promises from the administration and the Senate intelligence committee chair. I do think they'll be forced to make SOME changes to mitigate the worst parts of the law, which they can do by including those changes in an upcoming must-pass vehicle, like the National Defense Authorization Act," she added.
The American Civil Liberties Union also responded to the vote on social media.
"Senators were aware of the threat this surveillance bill posed to our civil liberties and pushed it through anyway, promising they would attempt to address some of the most heinous expansions in the near future," the organization said. "We will do everything in our power to ensure these promises are kept."
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Amid Spying Fight, House Passes Fourth Amendment Is Not For Sale Act
"As FANFSA and the 702 reauthorization move to the Senate, lawmakers in that chamber need to take a stand for the rights of people in the United States," said one advocate.
Apr 17, 2024
While applauding the U.S. House of Representatives' bipartisan passage of a bill to ensure that "law enforcement and intelligence agencies can't do an end-run around the Constitution by buying information from data brokers" on Wednesday, privacy advocates highlighted that Congress is trying to extend and expand a long-abused government spying program.
The House voted 219-199 for Fourth Amendment Is Not For Sale Act (FANFSA), which won support from 96 Democrats and 123 Republicans, including the lead sponsor, Rep. Warren Davidson (R-Ohio). Named for the constitutional amendment that protects against unreasonable searches and seizures, H.R. 4639 would close what campaigners call the data broker loophole.
"The privacy violations that flow from law enforcement entities circumventing the Fourth Amendment undermine civil liberties, free expression, and our ability to control what happens to our data," said Free Press Action policy counsel Jenna Ruddock. "These impacts affect everyone who uses digital platforms that extract our personal information any time we open a browser or visit social media and other websites—even when we go to events like demonstrations and other places with our phones revealing our locations."
"We're grateful that the House passed these vital and popular protections," she added. "The bill would prevent flagrant abuses of our privacy by government authorities in league with unscrupulous third-party data brokers. Making this legislation into law with Senate passage too would be a decisive and long-overdue action against government misuse of this clandestine business sector that traffics in our personal data for profit."
Wednesday's vote followed the House sending the Reforming Intelligence and Securing America Act to the Senate. H.R. 7888 would reauthorize Section 702 of the Foreign Intelligence Surveillance Act (FISA), which allows for warrantless spying on noncitizens abroad but also sweeps up Americans' data.
The House notably included an amendment forcing a wide range of individuals and businesses to cooperate with government spying operations but rejected an amendment that would have added a warrant requirement to the bill, which the Senate could vote on as soon as Thursday.
Noting those decisions on the FISA reauthorization legislation, Ruddock stressed that "today's vote is a victory but follows a recent loss and ongoing threat as that Section 702 bill moves to the Senate this week too."
"As FANFSA and the 702 reauthorization move to the Senate, lawmakers in that chamber need to take a stand for the rights of people in the United States," she argued. "That means passing FANFSA and reforming Section 702 authority—and prioritizing everyone's First and Fourth Amendment rights."
Jeramie Scott, senior counsel and director of the Electronic Privacy Information Center's Project on Surveillance Oversight, also praised the House's FANFSA passage on Wednesday.
"The passage of the Fourth Amendment Is Not For Sale underscores the extent to which reining in abusive warrantless surveillance is a bipartisan issue," Scott said. "We urge the Senate to take up this measure and close the data broker loophole."
Kia Hamadanchy, senior policy counsel at ACLU, similarly said Wednesday that "the bipartisan passage of this bill is a flashing warning sign to the government that if it wants our data, it must get a warrant."
Hamadanchy added that "we hope this vote puts a fire under the Senate to protect their constituents and rein in the government's warrantless surveillance of Americans, once and for all."
Sen. Ron Wyden (D-Ore.), a critic of the pending 702 bill and FANFSA's lead sponsor in the upper chamber, called the the House's Wednesday vote "a huge win for privacy" and said that "now it's time for the Senate to follow suit."
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