Congress has spent months trying to reauthorize FISA Section 702. This is the controversial surveillance authority the government uses to collect massive amounts of data, which officials then search for Americans’ emails, calls, text messages, and other communications – all without a warrant!
The program is currently set to expire on June 12, and last week, another effort to push a multi-year reauthorization failed in the Senate.
That’s good news. FISA 702 must not be reauthorized without meaningful reforms, and any bill that allows the government to keep searching Americans’ private communications without a warrant should be rejected.
But the debate around last week’s vote was telling.
While more senators than usual opposed the bill, it wasn’t because they suddenly recognized the constitutional problem with warrantless surveillance. Their unease stemmed largely from President Trump’s choice of Bill Pulte as acting director of national intelligence. Many who otherwise would have backed a long extension became wary once they saw who would be wielding this authority.
That reaction is understandable – especially when dealing with power that includes rummaging through Americans’ private messages.
But if your support for warrantless surveillance hinges on who holds a particular office, you’ve already proven why we need strict constitutional limits.
In our constitutional republic, individual rights are not supposed to rise and fall with election results. The Constitution, including the Fourth Amendment, was written precisely so that our liberty does not depend on trusting the men and women temporarily in power. It establishes rules meant to protect our liberty regardless of who occupies the White House, controls Congress, or leads a federal agency.
The question for Congress isn’t whether this official or that official can be trusted. It’s not about Bill Pulte. The question is whether the federal government should be allowed to search Americans’ private communications without probable cause and a warrant.
The Fourth Amendment answers clearly: No.
Congressional leaders have spent months playing games and trying to craft procedural compromises and political deals that continue to sidestep this core constitutional safeguard.
If the government wants to search our communications, then it must obtain a warrant – just as the Constitution demands.
Congress should not reauthorize FISA 702 without that fundamental protection. If it’s unwilling to provide it, then the authority should expire.
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@justinamash
P.S. With the June 12 expiration just days away, your voice matters. Please contact your representative and senators today at (202) 224-3121 and urge them:
No reauthorization of FISA Section 702 without a warrant requirement for searches of Americans’ communications.