Speaker Johnson’s New FISA Section 702 Reauthorization Proposal – Weaker Sauce in a New Bottle

This Proposal Has No Warrant Requirement and Only Window-Dressing “Reforms”

Speaker of the House Mike Johnson. Photo Credit: Gage Skidmore

After a spectacular failure to push through an extension of FISA Section 702 in the middle of the night late last week, Speaker Johnson is now advancing a proposal that would do next to nothing to protect the millions of Americans whose emails, texts, and other communications have been caught up in the FISA database and read by the FBI and other government agencies, all without a warrant.

Speaker Johnson’s proposal forbids the “targeting” of U.S. persons for initial data collection under Section 702. But Section 702 already prohibits targeting U.S. persons. What it doesn’t prohibit is collecting and reading millions of Americans’ communications that get “incidentally” sucked into the NSA’s global trawl of data. In short, the proposal is a diversion that restates existing law as a reform, the policy equivalent of fool’s gold.

Notably, the proposal also does nothing to protect everyday Americans whose geolocation, online search history, and other sensitive personal information are routinely purchased by the FBI and other government agencies without a warrant. It also leaves intact an absurdly broad definition of “electronic communications service provider” under Section 702 that allows the NSA to compel millions of entities – from commercial landlords to everyday businesses and even houses of worship – to assist in Section 702 surveillance. And it does nothing to strengthen amicus participation in the FISA Court to protect civil liberties.

Minor Tweaks Instead of Reforms     
         
The bill’s so-called “reforms” primarily consist of tweaks to existing intelligence agency procedures. Rather than installing constitutionally mandated standards and safeguards, such as warrants issued by a judge, the Speaker’s proposal makes modest changes to the internal procedures of executive branch agencies.

Three Years Before the Next Debate Is Too Long in the Age of AI

The proposal would delay the next reauthorization of Section 702 for three years. With the rapid evolution of AI and its ability to sort individuals’ data into personal dossiers, giving the government a blank check to spy on Americans for three more years is far too long. The regular reauthorization cycles of Section 702 are the only real remaining leverage Congress has for meaningful surveillance reform. One or two years would be an acceptable reauthorization length, but three is a bridge too far.

The House Has Alternatives

In 2024, 60 percent of Republican House Members voted in favor of a robust warrant requirement. Last week, a House majority opposed a “clean” reauthorization. This is in keeping with the vast majority of the American public that supports a warrant requirement. It is time for Members to demand an up-or-down vote on real reform amendments to Section 702. And it is time for Speaker Johnson to give it to them.

Contact Your Representative

Click here to tell your U.S. Representative in the House that any reauthorization of FISA Section 702 must include serious reforms to curb the government’s spying on innocent Americans.

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