Lawmakers Debate FISA Reforms and AI-Enhanced Surveillance

A bipartisan coalition has formed to address these issues. In March, Rep. Warren Davidson, R-Ohio, along with co-sponsors in the House and Senate, introduced the Government Surveillance Reform Act. This bill aims to address what sponsors describe as abuses of Section 702.

Sen. , a co-sponsor, stated on the Senate floor last week that government officials have used Section 702 data to search for information on Black Lives Matter protesters, political campaign donors, elected officials, and a state judge who complained about police abuses.

Wyden added that new tools like AI require new rules to prevent violations of Americans' privacy rights. He emphasized that law enforcement should use technology responsibly.

“For years, there have been jaw-dropping abuses of section 702," Sen. Ron Wyden, D-Ore., said on the Senate floor last week. Thomas Massie, R-Ky., spoke at a press conference on Thursday about a new bill to close data-collection loopholes. He said that AI could be used to query databases extensively, potentially allowing the government to know virtually everything about individuals. Massie highlighted the risks of turning AI loose on these databases.”

, introduced a new version of the law that would extend Section 702 for three years and include some safeguards. However, the bill does not require warrants for searches, which some lawmakers have sought. Wyden described the draft as a rubber stamp to conduct warrantless surveillance on Americans.

m. Johnson then agreed to the 10-day extension. Even some Democrats, such as Rep. , who supported Section 702 in 2024, now insist on reforms to protect privacy and civil liberties. Raskin highlighted the Trump administration’s hollowing out of existing oversight mechanisms, like the Privacy and Civil Liberties Oversight Board, as reasons to ensure stronger safeguards.

“Times have changed since 2024. The watchdogs are gone,” said Raskin. ” He also noted 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.

Raskin stressed the need for stronger safeguards given changes since 2024.

AI Risks Lawmakers are also considering restrictions on government purchases of data from third-party brokers, who collect information on Americans' locations, browsing activity, travel, associates, and purchases. The directors of the National Security Agency and the FBI have confirmed that their agencies buy such data for investigations.

Experts indicate that AI could enable more accurate and extensive searches of this information. Jason Pye, vice president of the Due Process Institute, explained that Section 702 incidentally collects Americans' information, allowing the FBI to search it without a warrant.

The institute advocates for requiring warrants to address this issue. Brendan Steinhauser, CEO of the Alliance for Secure AI, described how AI could aggregate data patterns, potentially creating a broad surveillance system. The White House has urged Congress to extend Section 702 without changes.

A White House spokesperson stated to NBC News that the administration is engaging in positive conversations and remains open to consensus proposals. Intelligence agencies, including the CIA, have defended Section 702, noting it has prevented threats like a terror attack at a Taylor Swift concert in Austria and includes protections for Americans' privacy.

Civil liberties advocates counter that Americans' data is collected incidentally and searched without warrants. National security proponents argue that warrant requirements could hinder law enforcement and pose risks to security. In late March, Wyden sent a letter to leading AI companies inquiring about government use of their technologies for surveillance.