Congress Debates Reforms to FISA Section 702 Amid AI Surveillance Concerns

Lawmakers on Capitol Hill are addressing concerns about the government's authority under Section 702 of the Foreign Intelligence Surveillance Act to search Americans' communications without warrants, particularly with the potential role of artificial intelligence in analyzing collected data.

Section 702 allows the collection of foreigners' communications abroad, which can include Americans' messages when they interact with those targets. The government can then search these communications without a warrant. The provision, enacted in 2008, requires periodic renewal by Congress.

Recent Legislative Actions On Thursday, Rep.

, spoke at a press conference about a new bill aimed at closing data-collection loopholes. He stated that AI could enable extensive queries on government databases, potentially revealing detailed information about individuals. In March, Rep. Warren Davidson, R-Ohio, along with co-sponsors in the House and Senate, introduced the Government Surveillance Reform Act.

Sen. , a co-sponsor, said on the Senate floor last week that officials have searched through 702 data to find Black Lives Matter protesters, political campaign donors, elected officials, even a state judge who complained about police abuses. Wyden added that law enforcement should use technology responsibly but that new tools require new rules to protect privacy rights and constitutional freedoms.

702 was scheduled to expire on Monday, but lawmakers approved a 10-day extension following failed votes last Friday. A group of 20 House Republicans opposed a five-year extension, leading to the failure of an 18-month reauthorization vote as well. , introduced a new version of the bill on Thursday that extends Section 702 for three years and includes some safeguards, but it does not require warrants for searches of Americans' data.

In a statement, Wyden described the latest draft was window dressing for the same hollow privacy guarantees. Rep. , stated in a hearing last week that reforms are needed to prevent illegal spying on Americans. He noted changes since 2024 and that many surveillance activities allowed by Section 702 will already continue through March 2027 due to a legislative stipulation extending the authority for months if Congress cannot agree on a longer-term reauthorization.

advocates seek warrant requirements for searches of Americans' data collected under Section 702 and from data brokers, who sell information on locations, browsing activity, travel, associates, and purchases. The directors of the National Security Agency and the FBI have acknowledged that the agencies buy data on Americans from third-party brokers to use in their investigations.

Jason Pye, vice president of the Due Process Institute, said Section 702 incidentally collects Americans' information, allowing warrantless searches. Intelligence agencies, including the CIA, emphasize that Section 702 does not target Americans directly and has helped prevent incidents like a terror attack at a Taylor Swift concert in Austria.

A CIA handout states the program includes protections for privacy and civil liberties and is subject to oversight. The White House has urged passage of an extension without changes but remains open to consensus proposals, according to a spokesperson's statement to NBC News.

Debates also cover restrictions on government purchases of commercial data, as AI could enable more precise searches of such information.