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"There is a path to reauthorizing FISA, but it will require enacting meaningful reforms," said House Democratic leaders.
After privacy advocates in Congress blocked proposed extensions of an expiring federal spying power on Thursday over a lack of reforms and concerns about newly appointed acting Director of National Intelligence Bill Pulte, President Donald Trump announced a different man as his official nominee for the post.
"I am pleased to announce the Nomination of very Highly Respected Jay Clayton, former Chairman of the Securities and Exchange Commission, the former Head of Sullivan & Cromwell, one of the most prominent and successful Law Firms anywhere in the World, and the current United States Attorney for the Southern District of New York, to be the next Director of National Intelligence and, importantly, to serve in my Cabinet," Trump wrote on Truth Social. "Few people anywhere in the Legal Community are respected at the level of Jay. I encourage the United States Senate to confirm Jay as soon as possible."
Trump's announcement came shortly after Senate Republicans' unsuccessful requests for unanimous consent to extend Section 702 of the Foreign Intelligence Surveillance Act (FISA)—which lets the US government spy on electronic communications of noncitizens located outside the country without a warrant—and a failed vote in the GOP-controlled House of Representatives.
"If Trump had announced this last night, or even this morning, it could've helped avoid a FISA/702 lapse," Punchbowl News reporter Andrew Desiderio said of Clayton's nomination. "Now the House is gone (and out next week) and the Senate is holding its final vote of the week right now—but most senators have already voted and dashed to the airport."
House Democratic leaders who opposed the extension pointed to Trump's appointment of Pulte following Tulsi Gabbard's recent announcement that she's resigning from the Office of the Director of National Intelligence (ODNI). As Federal Housing Finance Agency director, Pulte has sent criminal referrals to the US Department of Justice, alleging mortgage fraud by four of the president's political foes.
The Senate is due back on Monday, but Minority Leader Chuck Schumer (D-NY) told reporters after the Clayton announcement that it "doesn't matter what else they do, Pulte's got to be gone. He's still in that role."
Meanwhile, the top Democrats on the intelligence panels in both chambers of Congress, Vice Chair Mark Warner (Va.) and Ranking Member Jim Himes (Conn.), praised Clayton. Sean Vitka, executive director at Demand Progress—a leader in the massive coalition of civil society groups demanding FISA reforms—said that "no Democrat should find solace in the fact that Trump has once again named a partisan hatchet man to be the nation's top spy."
"Just as Trump asked Bill Pulte to investigate Letitia James and Adam Schiff, he also has asked Jay Clayton to investigate Democrats' ties to Jeffrey Epstein," Vitka noted. "The fact that Sen. Warner and Rep. Himes would gush so effusively over Clayton shows their clear desire to sabotage a deal on FISA privacy reforms and hand President Trump the unfettered surveillance powers that he is asking for."
"Both Pulte and Clayton have already shown that they will carry out Trump’s directive to weaponize the government against his political enemies," he added. "Putting either of them at ODNI at a time when Trump is asking for warrantless surveillance powers through FISA is too big of a risk."
With both the House recess and Section 702's Friday expiration looming, Speaker Mike Johnson (R-La.) had tried to get two-thirds majority support for an extension on Thursday. He secured support from seven Democrats—Reps. Henry Cuellar (Texas), Don Davis (NC), Jared Golden (Maine), Vicente Gonzalez (Texas), Josh Gottheimer (NJ), Susie Lee (Nev.), and Marie Gluesenkamp Perez (Wash.)—but 19 Republicans joined the rest of the Democratic members present for the 198-218 vote.
"Section 702 is a critical foreign intelligence authority, but we cannot in good conscience vote for reauthorization without significant reforms to protect both national security and the constitutional privacy rights of Americans," said House Minority Leader Hakeem Jeffries (D-NY), Democratic Whip Katherine Clark (D-Mass.), Caucus Chair Pete Aguilar (D-Calif.), Judiciary Committee Ranking Member Jamie Raskin (D-Md.), and Himes.
"Bill Pulte has no relevant national security experience. Consequently, his appointment is in defiance of the law that requires the director of national intelligence to have 'extensive' national security experience. The apparent motivation for his elevation is the demonstrated willingness of Bill Pulte to search government databases for alleged dirt on President Trump's chosen political enemies," they continued. "There is a path to reauthorizing FISA, but it will require enacting meaningful reforms. We oppose this bill to kick the can further down the road."
Explaining her vote against "this sham extension of FISA that would allow continued spying on the American people," Rep. Pramila Jayapal (D-Wash.), a key progressive leader in the chamber, said that "a warrant requirement would pass today if Republican leadership put it up for a vote."
"However, Trump is doubling down on his appointment of Bill Pulte, closing any pathways for negotiation," she said before Clayton was announced. "I voted no today, and will continue to vote no until a warrant requirement is in place to protect our civil liberties."
Hajar Hammado, senior policy adviser at Demand Progress, said in a statement that "Speaker Johnson keeps trying and failing to jam through a no-reform FISA reauthorization, expecting different results—this time without even getting a simple majority of the House."
"If Johnson wants a FISA deal, all he has to do is allow amendment votes on privacy reforms," Hammado continued. "Adding warrant requirements to FISA is a path forward that has clear, bipartisan support. The only reason we're up against the deadline now is that congressional leaders and the White House keep ignoring this obvious reality and obstructing privacy reforms from getting a fair vote."
Elizabeth Goitein, co-director of the Brennan Center for Justice's Liberty and National Security Program, similarly said on social media that "Section 702 was in trouble well before Trump announced the appointment of Pulte as acting DNI (and by the way, Pulte could still be in that role through the midterm elections). The 702 renewal hit a wall because Republican leaders wouldn't allow votes on widely supported reforms."
After Johnson complained to reporters about the vote and said that "I pray that we do not have a serious calamity on our shores over the next few weeks," Jake Laperruque at the Center for Democracy & Technology said: "I'm sorry, you cannot demand the high ground claiming to be distraught about our national security when you are treating FISA as less important than blocking all reform votes. You sure as hell can't claim the high ground when treating it as less important than going on vacation."
While national security hawks have tried to use the deadline to force an extension, suggesting that a lapse would cause "a potential significant gap in foreign intelligence collection," privacy advocates such as Laperruque have emphasized that "the text of the law makes clear that this threat of collection suddenly going dark... is fearmongering and not a genuine possibility."
As Laperruque explained earlier this week: "So long as an approved FISA 702 certification is active, collection from communications providers based on directives stemming from that certification will continue. Because the FISA Court approved the most recent annual certifications this March, this lapse would not occur until 2027."
The House and Senate GOP's failures to extend Section 702 on Thursday came a day after Sen. John Cornyn (R-Texas) objected to a proposal from Sen. Ron Wyden (D-Ore.)—a leading privacy advocate—to pass by unanimous consent a nine-month renewal with warrant requirements. The Republican also opposed a five-week offer.
Calling out Cornyn's moves, Hammado said Wednesday that "surveillance hawks have spent all day screaming about how important it is to renew FISA, but then they just objected to a good faith deal that would reauthorize Section 702 with popular, bipartisan privacy reforms. The only thing stopping FISA from being renewed is congressional leadership's unexplained, persistent opposition to making the government get a warrant when it tries to access the private communications of Americans."
"Clear majorities in both parties, and of Americans in general, want a warrant requirement before renewing FISA," the Demand Progress campaigner added. "Why does congressional leadership prefer sunset over privacy?"
This article has been updated with additional comment from Sean Vitka of Demand Progress and Elizabeth Goitein of the Brennan Center for Justice.
"Clear majorities of Americans across the nation, and in Congress, do not want the government bypassing the courts to hoover up our private, personal data."
Privacy advocates celebrated Friday after a Republican-led effort to extend warrantless spying powers failed to advance in the US Senate in the early hours of the morning, with seven GOP lawmakers joining every Democrat except Sen. John Fetterman in opposition.
The failed vote was another stumble for supporters of renewing Section 702 of the Foreign Intelligence Surveillance Act (FISA), which lets the federal government surveil the electronic communications of noncitizens located outside the US. The authority is set to lapse next Friday.
Advocates have long demanded reforms to the law, noting that US intelligence agencies have relentlessly abused it to spy on Americans.
Sean Vitka, executive director of Demand Progress, called Friday's vote a "resounding defeat for opponents of privacy," arguing it "shows that there is no path forward for FISA without a warrant requirement."
"Clear majorities of Americans across the nation, and in Congress, do not want the government bypassing the courts to hoover up our private, personal data," said Vitka. "If the White House and congressional leadership want to renew FISA, they have to stop ignoring this obvious fact and allow votes on real privacy reforms."
Elizabeth Goitein, co-director of the Liberty and National Security Program at the Brennan Center for Justice, called the vote "an interim victory" but warned that some senators "who would have voted to advance the bill changed their vote" due to President Donald Trump's selection of loyalist Bill Pulte to serve as acting director of national intelligence—a choice that drew bipartisan backlash.
Sen. Mark Warner (D-Va.), who supports extending Section 702 spying powers, voted against advancing the FISA legislation on Friday after decrying Pulte as an "enormously bad choice" who is "grossly unqualified."
Goitein noted that Pulte, who currently heads the Federal Housing Finance Agency (FHFA), is currently "under investigation by the nonpartisan Government Accountability Office for misusing his position and his access to government records to trigger dubious charges of mortgage fraud against Trump’s perceived political enemies."
"If Pulte can do that with the limited access to Americans’ information he has as head of the [FHFA], imagine what he could do with all the authorities and capabilities of the intelligence community—including, of course, Section 702," she added. "What wouldn’t make sense? Handing Section 702 to whomever Trump could nominate in Pulte’s place without ensuring that they can’t use it as a tool for domestic spying."
“These people and these companies need to continue to be exposed for all of the harm that they're causing and the real power that they have over our government and those governed,” one organizer said.
On their way to attend the Met Gala on Monday night, guests might have spotted a different image of Amazon founder Jeff Bezos than the one he tried to project by chairing the annual fundraiser: a poster featuring his bulbous head, looming over them out of the darkness, attached to a muscular spider-shaped body. Above it, a mysterious message: “The Creep State is watching.”
What does it mean?
The Creep State is an anonymous guerilla art and protest project that debuted in Austin, Texas during South by Southwest earlier this year. It is designed to draw people’s attention to the threat posed by Big Tech billionaires and their increasing influence over both the US government and the daily lives of everyone who interacts with their products.
“These individuals are a danger to all of us,” a DC-based organizer said.

The idea for the Creep State came from the desire to raise awareness about certain Silicon Valley oligarchs and their anti-democratic actions and aspirations. Participants in the project who spoke to Common Dreams asked to remain anonymous in keeping with the guerilla-style tactics of their effort.
“There's what is really a very small group of men who control these algorithms, who control the software, the hardware, and.. they are trying to initially infiltrate our government and eventually replace our government,” a Seattle-based organizer explained. “They've all been pretty clear about, you know, some version of, you know, a company town run by a CEO king.”
The project’s designers wanted to convey that “these specific individuals have very nefarious and creepy goals, and they are personally creeps,"—hence, the “creep state” framing.
“Whatever you do, see, hear, touch, say, feel, believe, dream, the Creep State is watching."
Currently, the project consists of a physical and digital element.
Volunteers wheatpaste posters of seven Silicon Valley kingpins—Jeff Bezos, Elon Musk, Mark Zuckerberg, Sam Altman, Peter Thiel, Bill Gates, and Marc Andreessen, drawn in cartoon style as B-movie monsters—in major US cities. To date, the images have been displayed in Austin, Seattle, DC, Palo Alto, the area around the Met Gala in New York, and Los Angeles, with more to come.
The posters include a QR code that leads to a website, including a video highlighting how these moguls' companies and products are already monitoring people’s daily activities, from surveillance pricing to sleep tracking.
“Whatever you do, see, hear, touch, say, feel, believe, dream, the Creep State is watching," the video declares, before concluding: “We’re fighting back.”
“These people and these companies need to continue to be exposed for all of the harm that they're causing and the real power that they have over our government and those governed,” the DC-based organizer said.

While there have been many different campaigns and critiques calling out Big Tech and the rise of AI in recent years, the creators of the Creep State took an artistic approach partly to grab people’s attention, to make something that “quite literally visually shocked people out of the normal way that they think about and talk about these guys,” as the Seattle-based organizer put it.
They added that they wanted a viewer’s first response upon seeing the art to be, “Woah!”
So far, it seems to be working.
When the art went up in Seattle ahead of the No Kings protest on March 28, “people walking by stopped and took pictures and were like, ‘Whoa, what is this about? Oh my God, is that Jeff Bezos? Whoa, is that Bill Gates?’” the Seattle organizer said.
A member of the team who put the posters up in DC on April 18 similarly recalled: “We had a young woman come up to us and ask us about the Creep State and said she was glad we were exposing these guys. She said she was from [Prince George's] County in Maryland and was part of the movement to stop data centers there.”
"Fundamentally the question that we face is will we allow one or a few of these corporations to literally remake our society?"
The project’s designers see themselves as operating within a tradition of guerilla art against the powerful from Banksy, Favianna Rodriguez, and Shepard Fairey's OBEY posters to student protests against Slobodan Milošević in Serbia in the 1990s and the FeesMustFall campaign in South Africa in the 2010s. However, the project—which made a point of working with actual human creators, including a screenwriter, comic book artist, and graphic designer—takes on extra resonance in an age in which AI slop clogs up social media feeds and threatens to put creative workers out of a job.
“This is very much a people versus the machines kind of thing,” the Seattle-based organizer said. “Are we going to be a society where human creativity and human inspiration and human thinking are valued, or are we going to be a world where.. we're all plugged into a screen?”

As the project uses an artistic approach to hook people who might otherwise ignore its messaging, it also crafts that messaging in an attempt to appeal to people who might not always agree politically.
The name “Creep State” was chosen in part for its similarity to “deep state,” which is often used on the political right to describe hidden actors undemocratically controlling the federal government. Some of the headlines highlighted in the introductory video were also selected to appeal to right-leaning viewers. (“Prayer apps: is AI playing God?” one reads.)
“Our assessment here is that we may have, and we very much do have, some very deep disagreements in a variety of ways with the right wing. But there is a very real grassroots right-wing opposition to the Silicon Valley takeover of our economy and our democracy. And we want to make sure that this is a campaign that different types of folks can see themselves reflected in,” the Seattle-based organizer said.
"Once they're burrowed in, it's going to be very difficult to root them out.”
Indeed, the rise of AI and the hyperscale data centers it relies on seems to have, at least so far, bypassed the usual culture war divides. As communities across the country have mobilized against the data center buildout, “you've got DSA people linking arms with, you know, like ultra-MAGA folks,” the Seattle organizer added.
The numbers reflect this, with around 50% of both Republicans and Democrats now saying they are more concerned than excited about AI and 55% of the politicians opposing data centers, which are often located in red states, being Republicans.
The embrace of AI and its Silicon Valley pushers may be one wedge between President Donald Trump and some of his supporters, as 75% of 2024 Trump voters think that AI should be regulated while the president himself has thrown his weight behind a plan to prohibit states from regulating AI at all.
Indeed, even as the Creep State’s developers reach out to Trump voters, they are clear that the Trump administration itself has escalated the Big Tech takeover of the US government, upping the urgency of their project.
Even before Trump was elected a second time around, Silicon Valley enabled his rise. Bezos sunk The Washington Post’s endorsement of his rival Kamala Harris, while Musk donated more than a quarter billion to back Trump's campaign. His Vice President JD Vance is a protege of Thiel, who has backed Trump since 2016.
Trump has repaid these Big Tech executives handsomely with access, money, and his deregulatory push. The DC-based organizer said they were partly inspired to get involved with the Creep State project after witnessing the havoc wreaked by Musk’s Department of Government Efficiency, which cut funding for essential grants and may lead to the deaths of over 14 million through the shuttering of the US Agency for International Development. At the same time, tech billionaires have increased their profits by contracting with the government, enabling deportations via Immigration and Customs Enforcement and both surveillance and targeting via the Pentagon.
Yet the Seattle-based organizer said that some Trump supporters “are beginning to realize… that these guys don't care about Trump. Trump is a vehicle for them. And, you know, once they're burrowed in, it's going to be very difficult to root them out.”

Ultimately the goal of the Creep State project is to plug everyone who sees and responds to the art—whatever their politics—into the growing movement to push back against the Big Tech power grab.
“The more we can expose these actors, it can inspire people to… organize against them, demand… oversight and regulations over AI and the influence that these individuals have on their politics,” the DC-based organizer said.
People who scan the QR code can be funneled into future wheatpasting sessions (which are all volunteer efforts) or local fights related to tech policy. One hope the organizers have is that communities across the country who are fighting data center construction or Flock camera expansion could order posters from the site that would have their QR codes adjusted to direct viewers to the local struggle.
“If we can plug people into some of those fights with organizations and for them to get more deeply involved, we'd love to do that,” the DC organizer said.
The Seattle organizer concluded, "Fundamentally the question that we face is will we allow one or a few of these corporations to literally remake our society?"
They continued: "We're all living through this polycrisis. The climate is collapsing, the economy is in tatters, we're at war abroad. There's something new and crazy every day, and it's hard to break through to people. So the hope is that this art specifically, in this way of highlighting both the like political creepiness and the personal creepiness of these guys, can maybe shock some people who otherwise are just trying to get through their day into, 'I need to do something.'"