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section 702
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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Trump Uses Correspondents' Dinner Shooting to Justify Expanding Spying Powers as Deadline Nears
Section 702 of the Foreign Intelligence Surveillance Act is set to expire Thursday, and the president is claiming Saturday's shooting proved "the safety of our nation" depends on the program.
Apr 27, 2026
An exchange of gunfire between an armed suspect and law enforcement outside the White House Correspondents' Dinner on Saturday came days ahead of a deadline for extending far-reaching government surveillance powers, and President Donald Trump wasted no time in claiming that the attempted attack on the event proved that the FBI must be permitted to spy on Americans without obtaining warrants.
In an interview with Fox News Sunday, Trump repeated his previous remarks that he is "willing to give up [his] security" in favor of extending Section 702 of the Foreign Intelligence Surveillance Act (FISA), which is set to expire on Thursday—and suggested other Americans should do the same for "the safety of our nation."
Section 702 allows US intelligence agencies to surveil the electronic communications of foreign nationals overseas without a warrant. Since some of the nearly 350,000 foreign nationals whose communications have been collected under the law are in touch with Americans, Section 702 allows for the collection of emails, text messages, and phone calls of US citizens.
Fox anchor Jacqui Heinrich emphasized that "we don't know right now" whether the suspect in Saturday's shooting, Cole Tomas Allen, "was radicalized" by a foreign individual or group, but asked whether the attack drove home "the importance of having these tools to protect our country from these kinds of threats."
The president responded by complaining that former FBI Director James Comey used FISA to obtain warrants to surveil a former Trump aide as part of the agency's investigation into the 2016 Trump presidential campaign's communications with Russia, before saying FISA has been used in the US-Israeli war on Iran and in the US military's invasion of Venezuela earlier this year.
"It's really needed for national security," said Trump. "Iran is decimated, and we got a lot of information by using FISA... I'm willing to give up my security for the military because ultimately that's to me the highest cause is, you know, the safety of our nation."
Pres. Trump, under prodding from Fox News, exploits White House Correspondents' Dinner shooting to push for Congress to approve FISA domestic spying program: "It's really needed for national security…"
He reiterates that he's willing to give up his liberties for safety. pic.twitter.com/tmcepp0Wgn
— Chris Menahan 🇺🇸 (@infolibnews) April 26, 2026
Jordan Liz, an associate professor of philosophy at San José State University, wrote last week in a column at Common Dreams that while Trump, Republican lawmakers, and US intelligence agencies "make sweeping claims about the terror attacks that Section 702 has prevented, there is little publicly available evidence to support this."
"According to the Cato Institute, there is only one well-documented, independently corroborated case of Section 702 preventing a terrorist attack on American soil: the 2009 New York subway bombing plot," wrote Liz. "In that case, Section 702 was used by the [National Security Agency] to track an exchange between an al-Qaeda courier and Najibullah Zazi, who was living in the US. The NSA passed this information to the FBI, which identified Zazi and disrupted the attack before it took place. Importantly, however, the NSA allegedly received the courier’s foreign email address from the government’s British intelligence partners. At best then, this success was a byproduct of productive intelligence sharing between allies. Rather than proving the necessity of Section 702, this incident underscores how Trump’s inane attacks against key US allies undermine our national security."
The suspect in Saturday's shooting is believed to have acted alone, and no evidence has been released that he was in communication with any foreign entities. A document he wrote alluded to his Christian beliefs and to reports of the administration's abuse of immigrants in detention centers, its boat-bombing operations in the Caribbean Sea and eastern Pacific Ocean, and the bombing of an elementary school in Iran.
The president has been pushing in recent weeks for an extension of Section 702. The program was last reauthorized in 2024, and earlier this month two efforts to extend the program—one for 18 months and the other for five years—failed, with opponents objecting to a lack of privacy reforms and to a loophole allowing data brokers to sell private information about Americans to government agencies that have not obtained judicial approval to seize the data.
After those proposals failed, House Speaker Mike Johnson (R-La.) last week unveiled a new bill to extend Section 702 for three years and require the FBI to submit monthly reports on its reviews of Americans' private data to an oversight official, as well as imposing penalties for abuse—provisions that were dismissed by privacy advocates.
The House Rules Committee was set to convene on Monday, a step toward advancing the new bill toward a vote in the House, and according to NPR, Rep. Jamie Raskin (D-Md.) circulated a memo late last week urging his colleagues to reject the Republicans' latest proposal.
The bill, he wrote, "continues the disastrous policy of trusting the FBI to self-police and self-report its abuses of Section 702 and backdoor searches of Americans' data... FBI agents can still collect, search, and review Americans' communications without any review from a judge."
Four Democrats in the House—Reps. Josh Gottheimer (D-NJ), Tom Suozzi (D-NJ), Marie Gluesencamp Perez (D-Wash.), and Jared Golden (D-Maine)—broke with the party and joined the GOP earlier this month in supporting a procedural vote to advance the reauthorization of Section 702, and privacy advocates are ramping up pressure on them to oppose the latest proposal for an extension.
"It all comes down to those four and where they are going to land,” Hajar Hammado, a senior policy adviser at Demand Progress, told The Intercept Monday, “and if they are going to continue to try to hand Trump and [White House homeland security adviser] Stephen Miller warrantless surveillance authorities without any sort of checks or reforms that make sure they’re not violating civil liberties.”
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