Senate Rejects Effort to Push Through Section 702 Surveillance Law Without Reforms

Congress Can Take All the Time It Needs Without Endangering National Security

​A move by Senate leadership to reauthorize the Section 702 surveillance authority of the Foreign Intelligence Surveillance Act without major reforms failed last night in a 52-47 vote.

Seven Republicans joined almost all Democrats: Sens. Josh Hawley (R-MO), John Kennedy (R-LA), Mike Lee (UT), Rand Paul (R-KY), Eric Schmitt (MO), Rick Scott (R-FL), and Tommy Tuberville (R-AL).

“FISA 702 reauthorization failed because it did not contain a warrant requirement for spying on Americans,” Sen. Lee posted on X. “Come back with a warrant requirement, and we’ll pass the bill.”

Much of the momentum behind the “nay” votes by Democrats was a protest against the appointment of the administration’s housing chief, Bill Pulte, to serve as director of national intelligence. But many senators on both sides of the aisle have also listened to PPSA and other civil liberties groups about the need to add warrant requirements before the government can help itself to Americans’ communications and data. Section 702 has been used in recent years to give the FBI warrantless access to the data and communications of Americans in contact with foreigners millions of times.

The measure would also have extended the next reauthorization by three years. At a time when artificial intelligence is enhancing the power of surveillance at breakneck speed, many senators were sympathetic to PPSA’s contention that three years would be too long before the next reauthorization – Congress’s only regular opportunity for oversight of the intelligence community’s surveillance of the American people.

Expect surveillance hawks to now try to alarm Members of Congress by claiming that national security will be endangered when Section 702 expires on June 12.

Any claims about the lapse of a vital national security authority would be nothing but fear-mongering. Only Section 702’s authorizing statute, Title VII, will lapse on June 12. The actual collection of intelligence will continue through March 2027 under orders already issued by the Foreign Intelligence Surveillance Court.

“Attempts to impose reauthorization without warrants have now failed twice in the House and once in the Senate,” says Bob Goodlatte, former Chairman of the House Judiciary Committee and PPSA Senior Policy Advisor. “It is time for leaders to end these efforts to rush through measures that majorities oppose and begin to consider reasonable reforms that will protect both Americans’ constitutional rights and national security.”

As the Senate regroups and the House turns once again to the issue, PPSA and our civil liberties coalition support the following reform measures:
​

• No more than two years for the next Section 702 reauthorization, giving Congress time to assess the evolution of government surveillance powered by AI.

 

• Pass a warrant requirement for Section 702 searches of Americans’ communications. We cannot continue to allow a foreign intelligence surveillance tool to be turned on our own citizens.

 

• Add a warrant requirement to the federal government’s purchase and review of Americans’ sensitive personal data – curbing the data-broker loophole and ending the routine warrantless inspection of Americans’ highly personal geolocation, internet search history, and internet communications data.

 

• Curb the definition of “electronic communication service provider” under FISA to protect countless small businesses and houses of worship from being forced by the NSA to assist in spying on their customers and congregants.

 

• Prevent political abuses in FISA Title I cases by including the formerly titled “Lee-Leahy Amendment” in the 702 reauthorization. This measure, which passed the Senate in 2020 with 77 votes, would mandate the inclusion of a qualified third-party amicus with expertise in the Fourth Amendment, and holding a high-level clearance, to advocate for the American public in secret FISA court proceedings that implicate American political leaders and other sensitive matters.

PPSA will continue to press Members of Congress to pass these reform measures and we will keep you informed of major developments.

DONATE & HELP US DEFEND YOUR FOURTH AMENDMENT RIGHTS