
A bipartisan Senate duo rolled out legislation Monday that would place new limits on a key federal surveillance program.
Congress has until April 20 to reauthorize Section 702 of the Foreign Intelligence Surveillance Act, or FISA — a surveillance power that lets the intelligence community collect the communications of non-U.S. citizens abroad. The Trump administration is pushing to extend the authority as-is, but a bill from Sens. Mike Lee (R-Utah) and Dick Durbin (D-Ill.) is the latest warning sign the administration has a major fight on its hands to get an extension through Congress free of policy changes.
“The many documented abuses under FISA should provoke outrage from anyone who values the Fourth Amendment,” Lee said in a statement. “From warrantless searches targeting journalists, political commentators, and campaign donors to monitoring sitting members of Congress, these infringements reveal a blatant disregard for individual liberties.”
Durbin added that while Section 702 is a “valuable tool,” it’s also “being used to conduct thousands of warrantless searches of Americans’ private communications. That’s unacceptable.”
The Lee-Durbin bill would require the intelligence community to obtain a warrant before accessing the content of any communications involving an American citizen. Some privacy hawks want to go even further and require a warrant to even search through 702-collected data for Americans.
Though the intelligence community isn’t allowed to use Section 702 to target U.S. citizens, some communications can get swept up into the surveillance net.
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