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"We won't allow President Trump and Stephen Miller to continue invading our privacy," said the ACLU.
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."
"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.
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."
Just four major data broker breaches in recent years have cost US consumers over $20 billion, according to a Thursday report from a key leader in Congress that argues "additional action is needed to protect Americans from scams."
Sen. Maggie Hassan (D-NH), ranking member of the congressional Joint Economic Committee (JEC), launched a sweeping investigation into financial scams last July. As part of it, she's examined data brokers, which collect and sell individuals' personal information. These companies often operate with limited transparency, her report explains, making it "more difficult for individuals to secure their information online and, ultimately, protect themselves from the growing threat of scams."
"Data brokers, for example, can enable scams by making consumers' personal information available to bad actors, who can then use details like Social Security numbers, home addresses, or banking information to develop customized and convincing scams," the report explains. "In some cases, data brokers have allegedly sold this information directly to scammers; in others, cyber hacks of data brokers have exposed individuals' data to uncontrolled circulation online."
Last August, after Wired reported that some data brokers took steps to hide their opt-out pages, Hassan issued investigative requests to Comscore, Findem, IQVIA Digital, Telesign, and 6Sense Insights. The report states that all of the companies but Findem responded with "actions to make their opt-out options more accessible to consumers and other parties," which "included removing 'no index' code that had blocked opt-out pages from search engine results, adding opt-out links in more prominent locations, and publishing blog content explaining how people can exercise their privacy rights."
"Notably," the report continues, "Findem did not respond to the ranking member's requests or written outreach from committee staff and has not removed the 'no index' code from its opt-out page—raising serious concerns about its responsiveness to opt-out requests and commitment to data privacy."
While recognizing the other companies for their positive responses, Hassan's report also stresses that more must be done. For instance, she requested information about efforts "to audit or assess the visibility of opt-out options or the success rates of opt-out requests," and "only 6sense stated that it contracts with third-party auditors to conduct both of these assessments."
Highlighting the need for further action, Hassan's staff estimated that identity theft stemming from four large data broker breaches—Equifax in 2017, impacting 147 million US residents; Exactis in 2018, impacting 230 million; National Public in 2023, impacting 270 million; and TransUnion in 2025, impacting 4.4 million—cost American consumers $20.9 billion.
"As international criminal syndicates increasingly use scams to target Americans, data brokers shouldn't make it harder for people to protect themselves," Hassan said in a statement. "This report shows the scope of the threat that people face from data broker breaches and underscores the importance of protecting Americans' private data."
She added that "it is encouraging that after we launched our investigation, many companies took steps to improve opt-out options for Americans, which in turn can help more consumers keep their information out of the wrong hands."
As a related webpage from the Electronic Privacy Information Center details: "There is no federal law in the United States that adequately regulates the data broker industry. As a result, private companies invade our private lives, spy on our families, and gather our most intimate facts, on a mass scale, for profit. EPIC supports state and federal legislative efforts that set limits on data brokers’ collection, use, retention, and disclosure of personal data."
In recent years, members of Congress have introduced various legislative proposals aimed at reining in data brokers—including in the Security and Freedom Enhancement (SAFE) Act, introduced on Monday. The bipartisan bill would, among other things, close the so-called "data broker loophole" that, as Sens. Dick Durbin (D-Ill.) and Mike Lee (R-Utah) put it, "intelligence and law enforcement agencies use to buy their way around the Fourth Amendment" to the US Constitution.
There are some limits that have passed, including in Protecting Americans’ Data from Foreign Adversaries Act of 2024. Earlier this month, the Federal Trade Commission sent letters reminding 13 companies of their obligations to comply with the PADFAA, which "prohibits data brokers from selling, licensing, renting, trading, transferring, releasing, disclosing, providing access to, or otherwise making available personally identifiable sensitive data of a United States individual to any foreign adversary country or any entity that is controlled by a foreign adversary."
However, as Lartease Tiffith, an expert at American and George Mason universities, laid out in an article for Just Security last November, while Congress enacted the PADFAA "with the right goal," the law, as written, "could penalize legitimate US companies for routine global operations while failing to deliver the targeted national security tool Congress intended."