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."
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."
