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section 702
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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ACLU Sues to Uncover 'What the NSA Is Hiding' About Its Use of Artificial Intelligence
"AI tools have the potential to expand the NSA's surveillance dragnet more than ever before," the civil liberties group warned.
Apr 26, 2024
The ACLU on Thursday sued the National Security Agency in an effort to uncover how the federal body is integrating rapidly advancing artificial intelligence technology into its mass spying operations—information that the agency has kept under wraps despite the dire implications for civil liberties.
Filed in a federal court in New York, the lawsuit comes over a month after the ACLU submitted a Freedom of Information Act (FOIA) request seeking details on the kinds of AI tools the NSA is using and whether it is taking any steps to prevent large-scale privacy abuses of the kind the agency is notorious for.
The ACLU said in its new complaint that the NSA and other federal agencies have yet to release "any responsive records, notwithstanding the FOIA's requirement that agencies respond to requests within twenty working days."
"Timely disclosure of the requested records [is] vitally necessary to an informed debate about the NSA's rapid deployment of novel AI systems in its surveillance activities and the safeguards for privacy, civil rights, and civil liberties that should apply," the complaint states, asking the court for an injunction requiring the NSA to immediately process the ACLU's FOIA request.
In a blog post on Thursday, the ACLU's Shaiba Rather and Patrick Toomey noted that AI "has transformed many of the NSA's daily operations" in recent years, with the agency utilizing AI tools to "help gather information on foreign governments, augment human language processing, comb through networks for cybersecurity threats, and even monitor its own analysts as they do their jobs."
"Unfortunately, that's about all we know," the pair wrote. "As the NSA integrates AI into some of its most profound decisions, it's left us in the dark about how it uses AI and what safeguards, if any, are in place to protect everyday Americans and others around the globe whose privacy hangs in the balance."
"That's why we're suing to find out what the NSA is hiding," they added.
BREAKING: We just filed a FOIA lawsuit to find out how the NSA — one of America's biggest spy agencies — is using artificial intelligence.
These are dangerous, powerful tools and the public deserves to know how the government is using them.
— ACLU (@ACLU) April 25, 2024
The ACLU filed its lawsuit less than a week after Congress approved a massive expansion of Section 702 of the Foreign Intelligence Surveillance Act (FISA), warrantless spying authority that the NSA has heavily abused to sweep up the communications of American journalists, activists, and lawmakers.
With their newly broadened authority, the NSA and other intelligence agencies will have the power to enlist a wide range of businesses and individuals to participate in their warrantless spying operations—a potential catastrophe for privacy rights.
Rather and Toomey warned Thursday that the growing, secretive use of artificial intelligence tools has "the potential to expand the NSA's surveillance dragnet more than ever before, expose private facts about our lives through vast data-mining activities, and automate decisions that once relied on human expertise and judgment."
"The government's lack of transparency is especially concerning given the dangers that AI systems pose for people's civil rights and civil liberties," Rather and Toomey wrote. "As we've already seen in areas like law enforcement and employment, using algorithmic systems to gather and analyze intelligence can compound privacy intrusions and perpetuate discrimination."
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