U.S. Senator Mike Lee (R-UT) today introduced bipartisan legislation with Senator Ron Wyden (D-OR) to protect Americans’ constitutional rights and data privacy. The Government Surveillance Reform Act reauthorizes Section 702 of the Foreign Intelligence Surveillance Act (FISA) with necessary Fourth Amendment protections to block the federal government from buying Americans’ private data from shady sources. Cosponsors include U.S. Senators Cynthia Lummis (R-WY) and Elizabeth Warren (D-MA). U.S. Representatives Warren Davidson (R-OH-08) and Zoe Lofgren (D-CA-18) introduced the House version of this bill.
“It is imperative that Congress enact real reforms to protect our civil liberties, including warrant requirements and statutory penalties for privacy violations, in exchange for reauthorizing Section 702,” said Senator Mike Lee. “Our bipartisan Government Surveillance Reform Act stops illegal government spying and restores the Constitutional rights of all Americans.”
“Advances in technology, from AI to the explosion of Americans’ data available for purchase, have far outpaced the laws protecting Americans’ privacy and civil liberties,” said Senator Ron Wyden. “I’m proud to introduce this bipartisan bill as a leader of the Ben Franklin caucus, which stands for the proposition that liberty and security aren’t mutually exclusive.”
“If we are serious about protecting our constitutional freedoms against government overreach, a judicially-approved warrant should be required for all section 702 searches,” said Senator Cynthia Lummis. “This legislation goes a long way to restoring our Fourth Amendment rights and curbing the inexcusable intelligence agency excesses of the last two decades.”
“FISA Section 702 has been stretched far beyond its original purpose and now enables unconstitutional warrantless searches of American citizens and their private communications,” said Congressman Warren Davidson. “The bipartisan Government Surveillance Reform Act counters these abuses by requiring a warrant to search Americans’ data and by closing the data broker loophole that allows the federal government to spy on citizens by purchasing private data that would otherwise require a warrant or subpoena.”
“Now more than ever, unchecked government access to Americans’ personal information threatens their privacy, their civil liberties, and our democracy,” said Congresswoman Zoe Lofgren. “Congress should not reauthorize broad domestic surveillance authorities without putting meaningful safeguards in place. The bipartisan, bicameral Government Surveillance Reform Act offers a comprehensive and balanced solution that would prevent abuse of Americans’ personal information while preserving essential national security tools that keep our country safe.”
Background
The Government Surveillance Reform Act represents the most comprehensive reform of surveillance laws in nearly half a century. The bill reauthorizes Section 702 for four years with necessary privacy reforms and constitutional safeguards, including:
- 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.
Read the full text of the bill here.
Read a section-by-section summary of the bill here.
