Congressional Alarm Grows Over US Wiretap Expansion
▼ Summary
– Privacy experts and bipartisan U.S. lawmakers warn that FBI warrantless access to Americans’ communications under Section 702 of FISA risks turning a foreign intelligence tool into a domestic spying engine.
– Witnesses before Congress urged imposing a probable-cause warrant requirement for searches of the Section 702 database or allowing the authority to expire when it comes up for reauthorization.
– A former U.S. attorney testified that assurances against improper use of Section 702 on Americans were false, calling it a “permission slip for warrantless spying.”
– A federal court has ruled such warrantless “backdoor searches” unconstitutional in at least one FBI case, amid concerns over aggressive executive power and politicized law enforcement appointments.
– An unusual bipartisan coalition fears the tool could be repurposed against domestic political opponents if judicial checks are not secured before Section 702’s 2026 expiration.
A growing bipartisan coalition in Congress is raising urgent alarms about the potential for domestic surveillance under a key foreign intelligence law, setting the stage for a major legislative battle. Privacy advocates and lawmakers warn that without significant reforms, a tool designed to monitor foreign targets could be systematically turned against American citizens. This concern centers on Section 702 of the Foreign Intelligence Surveillance Act (FISA), which is scheduled for reauthorization and faces intense scrutiny over warrantless searches of U.S. communications.
During a recent House Judiciary Committee hearing, a diverse group of witnesses delivered a unified message: Congress must impose a warrant requirement for searching the vast database of communications collected under Section 702, or allow the authority to lapse. Brett Tolman, a former U.S. Attorney, testified that the program has fundamentally strayed from its original purpose. He stated that Congress was given firm assurances the authority would not be improperly used against Americans, assurances he now characterizes as false. Tolman described the law as the government’s ongoing “permission slip for warrantless spying on Americans.”
The political and legal environment surrounding surveillance has shifted dramatically. A federal court has already ruled that the FBI’s warrantless “backdoor searches” of Section 702 data for information on Americans violated the Fourth Amendment in at least one instance. Simultaneously, the current administration’s aggressive use of executive power and appointment of officials who strongly support the 702 program has heightened fears of politicization. Lawmakers expressed concern that centralized federal data could be used to target groups based on political beliefs, repurposing a foreign intelligence tool against domestic opponents.
This created an unusual alliance at the hearing, with liberal Democrats and conservative critics finding common ground. Their shared distrust of unchecked surveillance authority transcended typical partisan divisions, focusing on the need for consistent constitutional safeguards regardless of which party controls the White House. Representative Pramila Jayapal emphasized this principle, noting that her push for limits on FBI authority has remained constant through changes in administrative power.
With the Section 702 authority set to expire, the debate is no longer abstract. Members of Congress are now confronted with a clear choice: enact robust judicial checks, such as a probable-cause warrant mandate for U.S. person queries, or allow a major pillar of the government’s surveillance framework to sunset. The outcome will define the balance between national security imperatives and the privacy rights of American citizens for years to come.
(Source: Wired)
