(The Center Square) – Ahead of a scheduled House floor vote Wednesday, dozens of U.S. lawmakers are demanding that any extension of the federal government’s electronic surveillance powers include privacy protections for Americans.
Echoing some of the concerns of Republicans in the House Freedom Caucus, a group of 53 Democratic lawmakers wrote to congressional leaders Tuesday, arguing that Congress “cannot hand this administration, or any administration, a blank check for warrantless surveillance.”
At issue is Section 702 of the Foreign Intelligence Surveillance Act, which allows federal intelligence agencies to conduct warrantless electronic surveillance on foreign nationals of suspicion.
In practice, however, the electronic data of American citizens – including emails, text messages, and phone calls – are routinely collected as well.
Not only can intelligence agencies collect and store that data for up to five years, but intelligence agents routinely search that data without obtaining a warrant, known as “backdoor searches.”
“The threat is not hypothetical — agencies are already exploiting gaps in our outdated privacy laws,” the lawmakers wrote. “There is broad bipartisan, bicameral consensus that our laws must be modernized to meet this moment.”
Another privacy loophole the lawmakers want closed is the ability of federal agencies to purchase Americans’ location records and internet metadata from commercial data brokers – data that is normally protected under the Fourth Amendment.
“[C]ompanies barred from selling data directly to the government simply sell it to a data broker first, thereby circumventing protections for constitutionally protected information through a middleman,” the lawmakers pointed out.
FISA Section 702 expires April 20. The House Rules Committee will mark up a clean, 18-month extension in a meeting Tuesday afternoon, where multiple lawmakers are sure to object.
The White House, House Speaker Mike Johnson, R-La., and other higher-ups have urged Congress to go along with a renewal of the status quo.
Senate Judiciary Committee Chair Chuck Grassley, R-Iowa, said Tuesday that he supports a clean extension due to the Department of Justice loosening restrictions on congressional oversight of the Foreign Intelligence Surveillance Court.
Though these promised changes do not address the main concern of Fourth Amendment violations, Grassley concluded the steps taken have “proven” the administration’s “commitment to transparency and the protection of civil liberties.”
“Section 702 is one of our nation’s most valuable national security tools. Especially given the current threat environment, it’s imperative Congress doesn’t allow this critical authority to lapse,” Grassley stated. “We must ensure American lives aren’t put at risk by a potential Section 702 expiration on April 20. The best path forward is for the House to pass a clean, 18-month FISA extension.”
President Donald Trump also weighed in on his Truth Social account just hours before the Rules committee hearing, telling Republicans to “UNIFY” around a clean extension even while dubbing himself “a victim of the worst and most illegal abuse of FISA.”
“While parts of FISA were illegally and unfortunately used against me in the Democrats’ disgraceful Witch Hunt and Attack in the RUSSIA, RUSSIA, RUSSIA Hoax, and perhaps would be used against me in the future, I am willing to risk that as a Citizen in order to do what is right for our Country,” Trump wrote.
“Since the first day of my already Historic Second Term, my Administration has worked tirelessly to ensure these FISA Reforms are being aggressively executed at every level of the Executive Branch to keep Americans safe, while protecting our sacred Civil Liberties guaranteed by our Great Constitution,” he added.
“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. The fact is, whether you like FISA or not, it is extremely important to our Military.”
