Congress Poised to Extend FISA Section 702 Without Warrant Requirement, Sparking Privacy Concerns
Civil liberties advocates are raising alarms as Congress appears set to extend Section 702 of the **Foreign Intelligence Surveillance Act (FISA)** without mandating a warrant for accessing data on U.S. persons. This move contradicts earlier promises of reform and oversight, potentially expanding government surveillance powers.
Two years ago, Congress passed the βReforming Intelligence and Securing Americaβ Act (**RISAA**), which included some reforms to Section 702 of FISA. While the bill contained problematic expansions, it also stipulated that Section 702 authorities would only be extended for two years, theoretically allowing Congress to negotiate a warrant requirement for accessing Americans' data and pursue other critical reforms.
## Clean Extension on the Horizon
However, Congress appears to be abandoning these efforts. It is now considering another extension of the program without addressing necessary reforms. Notably, there's no consideration for a requirement to obtain a warrant before examining data on U.S. persons collected indiscriminately. House Speaker **Mike Johnson** has confirmed intentions to move a "clean extension of FISAβ¦ for at least 18 months.β
Even more concerning is the apparent shift in stance by House Judiciary Chair **Jim Jordan**, who previously supported a warrant requirement and closing the data broker loophole. He has reportedly stated he would vote for a clean extension of FISA, claiming that RISAA included sufficient reforms for the moment.
## History of Abuse and Expanded Authority
RISAA merely reauthorized a mass surveillance program with a history of abuse. Before the 2024 reauthorization, Section 702 was misused to run improper queries on peaceful protesters, federal and state lawmakers, Congressional staff, thousands of campaign donors, journalists, and even a judge reporting civil rights violations by local police. RISAA further expanded the governmentβs authority, allowing it to compel a much larger group of people and providers into assisting with this surveillance. As the **Electronic Frontier Foundation (EFF)** stated when it passed, RISAA is a travesty for Americans who deserve basic constitutional rights and privacy.
## Reform Bills on the Table
Section 702 should not be reauthorized without additional safeguards or oversight. Fortunately, there are currently three reform bills for Congress to consider: **SAFE**, **PLEWSA**, and **GSRA**. While none of these bills are perfect, they are all significantly better than the status quo and should be considered instead of a bill that attempts no reform at all.
Mass spyingβaccessing a massive amount of communications by and with Americans first and sorting out targets second and secretlyβhas always been a problem for our rights. It was a problem when President **George W. Bush** authorized it in secret without Congressional or court oversight. And it remained a problem even after the passage of Section 702 in 2008 created the possibility of some oversight. Congress was right that this surveillance is dangerous, and that's why it set Section 702 up for regular reconsideration. That reconsideration has not occurred, even as the circumstances of the **NSA**, **Justice Department**, and **FBI** leadership, have radically changed. Reform is long overdue, and now it's urgent.