The FISA Dilemma: Why a Top Democrat Backs a Power He Doesn't Trust

#FISA #Surveillance #Congress #IntelligenceCommunity #AusNews #AIGenerated

https://thedailyperspective.org/article/2026-03-20-the-fisa-dilemma-why-a-top-democrat-backs-a-power-he-doesnt-trust-9e46cf10

FISA Reauthorization battle heats up – deadline is April 20

It’s that time again! Some FISA Section 702 warrantless wiretapping powers will sunset unless they’re renewed by April 20, so Congress has to do something. The 2024 battle ended up badly for reformers; the two-year reauthorization in the Reforming (Ha-Ha) Intelligence and Securing America Act (RISAA) mostly preserving the status quo and actually expanding surveillance powers. This time, there are multiple reform proposals on the table, although surveillance hawks in both parties are pushing to allow the Trump administration to keep its powers via a “clean” reauthorization.

The GSRA (Government Surveillance Reform Act), sponsored by Senators Ron Wyden (D-Oregon) and Mike Lee (R-Utah) and Representatives Warren Davidson (R-Ohio) and Zoe Lofgren (D-California), is the only bipartisan bicameral reform bill. Sen. Wyden’s website lists the following reforms:

• Closing the backdoor search loophole: The bill requires the federal government to get a warrant to access Americans’ private communications gathered under Section 702, with important exceptions for emergency situations.
• Closing the data broker loophole: The bill bans the federal government from buying Americans’ data from data brokers without a warrant.
• Prohibiting reverse targeting: The bill prohibits using surveillance on foreigners overseas through Section 702 as a pretext for gathering data on Americans.
• Repealing the “make everyone a spy” provision: This bill repeals a controversial 2024 expansion that allows the government to force millions of Americans and companies to secretly spy on its behalf.
• Reforming intelligence collection outside FISA: This bill protects Americans from intelligence agencies using non-statutory authorities, including by prohibiting backdoor searches and reverse targeting outside of FISA.
• Updating privacy protections for AI and other modern technologies: This bill requires federal law enforcement to get a warrant to surveil Americans’ location information, web browsing data, search and chatbot records, and car onboard and telematics data.
• Halting warrantless collection of business records: This bill protects Americans’ data from warrantless collection under an authority that expired over five years ago.
• Enhancing oversight and accountability: The bill strengthens judicial oversight, public reporting, and accountability requirements under FISA.

A wide range of civil rights and digital rights groups endorse the GSRA, including ACLU, Asian Americans Advancing Justice (AAJC), Brennan Center for Justice, CDT, Electronic Privacy Information Center (EPIC), Fight for the Future, Muslim Advocates, estore the Fourth, and Free Press Action. A section-by-section summary of the bill is here. The full bill text is here.

There are also two other reform bills that don’t go quite as far as GSRA, but also have wide support from civil liberties organizations:

• The SAFE act, sponsored by Senator Lee along with Senator Dick Durbin (D-Illinois) is another reform bill, although as EFF notes its reforms fall short in some ways. .
• PLEWSA (the Protect Liberty and End Warrantless Surveillance Act ), from Rep. Andy Biggs (R-Arizona), also includes significant reforms, and may appeal more to Freedom Caucus members in the House.

Meanwhile, House Republican leaders are pushing an 18-month reauthorization without any reforms, a position the White House also supports. But progressive Democrats are opposing reauthorization without a warrant requirement, and there are enough Republican skeptics in the House that it’s not at all clear that a clean reauthorization has the votes – and a recent poll from Demand Progress found that only only 12% percent of voters think Congress should renew FISA without reforms. And to make matters even more complicated, a handful of Republicans are pressing to attach the SAVE Act to the FISA reauth (because hey why not bundle voter suppression with mass surveillance) and a federal judge has ordered the disclosure of FISA noncompliance incident records that the government is trying to keep secret.

So buckle up, it’s likely to be a very interesting month!

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