“The fate of legislation to revive the government’s warrantless spying powers remains murky after President Trump last week called for a Senate Intelligence Committee nomination hearing for Jay Clayton, his pick to serve as director of national intelligence, to be postponed.”
Despite surveillance hawks wringing their hands about how the FISA lapse that started on June 12 could cause the sky to fall, the Administration sure doesn’t seem to see it as urgent. Not only is acting director of national Intelligence Bill Pulte starting mass firing at ODNI reinforcing Democrats’ refusal to do any reauthorization until a permanent DNI is in place, Trump’s is now saying that he’ll veto any version of FISA that doesn’t include SAVE Act — a voter-suppression bill has no chance of passing the Senate on its own, so apparently dooms FISA until he backs down.
It’s hard to know when things will start up again. Trump has a meeting with Senate Republicans on Wednesday, so maybe after that? The House is scheduled to be in session from June 23 to July 3, and June 26 is the Senate’s last scheduled day before the holiday … will there even be a vote before then? Time will tell.
After that, there’s still a long ways to go. Both chambers come back on July 13 (although the House will only be there for a couple of weeks before the August recess), and they’re in session for a few weeks in September as well, but the closer it gets to an election the less likely it is that they’ll tackle something so controversial. Existing certifications go through March 2027, so they can also take a crack at it in the post-election “lame duck” sessions in November and December or early next Congress. It’s exhausting just writing this …
In any case, once things do pick up, they’re likely to start moving quickly. So … stay tuned!
If you want more frequent updates than we have here on the blog … well, Get FISA Right has always been adventurous on social networks, so we’ve set up a couple of feeds in the Atmosphere.
FISA (uncurated) has a broad selection of posts related to FISA and Section 702
FISA (curated) has posts related to FISA and Section 702 from a list of about 50 organizations, legal experts, journalists, and activists focused on surveillance, human rights, and civil rights
You don’t need accounts to check the feeds. That said, if you’ve bot a Blacksky, Bluesky, or Eurosky account you can pin them to make it easier to see regular updates — and you can also follow us, at @getfisaright.net.
The final vote on H.R.9238, a three-week extension of FISA Section 702
Both chambers of Congress have left town, meaning that FISA Section 702 won’t be reauthorized by the June 12 “deadline”. Even though the lapse is likely to be temporary, it’s still a big deal. This is the first time these authorities have lapsed since they were put in place in 2008 — the year Get FISA Right started. So thanks to all the legislators in both parties who voted “no” … and thanks to all the activists who have gotten involved over the years!
Still, a lapse really is a big victory for reformers. Intelligence agencies and surveillance hawks hate hate hate the idea of reforms, and two years ago they were able to get a reauthorization without conceding. That didn’t work this time.
And it’s really worth highlighting the bipartisan pus for reforms. 9 House Republicans voting against the reauthorization, and Senate Republicans including Mike Lee and Rand Paul also said that a reauthorization without reforms was a non-starter. While Trump’s appointment of the odious Bill Pulte was a key reason that Democratic leaders finally rallied against reauthorization, the statement from House Democratic leadership also highlighted that the path to reauthoriation “will require enacting meaningful reforms”
“Senators from both sides of the aisle have introduced bills that would reauthorize Section 702 while making crucial reforms: The Government Surveillance Reform Act of 2026 (GSRA); the Security and Freedom Enhancement Act of 2026 (SAFE Act); and the Protect Liberty and End Warrantless Surveillance Act of 2026 (Protect Liberty Act).”
All of these include reforms like a warrant requirement and closing the data broker loophole, which have broad public support as well as bipartisan support in Congress.
What next? The House is on recess until June 23, but they might well take FISA up again once they get back. Or, the Senate might decide to take another crack at it. Not long after the vote, Trump announced that he was nominating Jay Clayton (US Attorney in Manhatten, and former chair of SEC) as permanent Director of National Intelligence. Even though Clayton is statutorially unqualified for the role (since he doesn’t have any intelligence experience), he’s not Pulte, so surveillance hawks are probably hoping that will be enough to change the dynamics. So we shall see …
Right now, though, it’s a good time to thank your Representatives if they voted “nay” today — or let them know you’re disappointed if they voted “yea.”. Here’s the roll-call vote.
The US Capitol switchboard at 202-224-312 is a good option if you want to hone — or just call their DC or local office directly.
Your message doesn’t have to be fancy! Here are sample scripts.
If your representative voted “no”, thank them!
I’m [NAME], and I’m a constituent from [CITY]. I want to thank [REPRESENTATIVE NAME] for voting against the three-week extension to FISA Section 702. This is our best chance yet to reform FISA, and there’s broad bipartisan support for a warrant requirement and closing the data broker loophole. When the House takes up this issue again, please continue to vote against any reauthorization that does not include these reforms
If your representative voted “yes”and is a Republican, let them know you’re disappointed!
I’m [NAME], and I’m a constituent from [CITY]. I I was very disappointed that [REPRESENTATIVE NAME] voted for a reauthorization of FISA Section 702 without any reforms on June 11. Reforms like a warrant requirement and closing the data broker loophole have broad bipartisan support; 19 Republicans voted against this extnesion, and I was really hoping [REPRESENTATIVE NAME] would be one of them.
When the House takes up this issue again, please against any reauthorization unless it includes these reforms. Now more than ever in the era of mass AI, personal privacy and civil liberties must be protected.
If your representative voted “yes”and is a Democrat, let them know you’re disappointed and highlight the threat of the Trump administration!
I’m [NAME], and I’m a constituent from [CITY]. I I was very disappointed that [REPRESENTATIVE NAME] voted for a reauthorization of FISA Section 702 without any reforms on June 11. The Trump administration has shown they can’t be trusted, and their nominee for Director of National Intelligence is unqualified. Reforms like a warrant requirement and closing the data broker loophole have broad bipartisan support.
When the House takes up this issue again, please against any reauthorization unless it includes these reforms. Now more than ever in the era of mass AI, personal privacy and civil liberties must be protected.
“The battle over FISA 702 reauthorization continues. A bipartisan coalition of reformers continue to press to introduce a warrant requirement and close the data broker loophole. Surveillance hawks continue to press for reauthorization without any meaningful reforms. In April, 42 Democrats joined the majority of House Republicans in passed a three-year authorization without meaningful reforms — boooooo!!!!! Fortunately the Senate said no, and so at the last moment they passed a 45-day extension. With only ten days left, time’s running out to come to agreement — or let the statute lapse. “
“Senate Republicans early Friday could not muster enough votes to move forward on a long-term reauthorization of Section 702 of the Foreign Intelligence Surveillance Act, leaving the key surveillance power, which expires next week, in limbo as both chambers leave the Capitol for the weekend.”
“I’ll be fighting like hell between now and June 12 to ensure Congress doesn’t cave and renew Section 702 of FISA without real reforms. Security and liberty aren’t mutually exclusive, and it seems like Congress is finally starting to understand that.”
Once again FISA reauthorization is going down to the wire. Early last week there were reports that Sen. John Warner had convinced enough Senate Democrats to support a “compromise” (ha-ha) three-year extension without any real reforms, hoping that enough Democrats would also cross over in the House to pass it. But once Bill Pulte — with no intelligence experience and a track record of abusing data to target the President’s opponents — was installed as Acting Director of National Intelligence and nominated for the permanent role — Democrats in both chambers drew the line. And time is running out to get agreement by the June 12 “deadline”. What a mess.
It’s worth highlighting that the “deadline” isn’t real. Even if Section 702 doesn’t get reauthorized by June 12, the surveillance continues for another nine months: the FISA Court has already approved the certifications through March 2027. So Congress could re-authorize it during the lame duck session in December, or early next year. Still, surveillance hawks are still trying to use the fake “deadline” to create a sense of urgency.
In Punchbowl News, Jake Sherman et al suggest that “short of removing Pulte from the job, the only other way to assuage Democrats would be for Trump to name a permanent nominee who meets the qualifications outlined in the statute that created ODNI.” Very honestly, if it were any other adminstration I’d be assuming that was the game plan, and the cynic in me would be wondering whether the whole Pulte subplot was a ploy to let Democrats claim to win something and then get behind the previous “compromise” (ha-ha) deal. With this administration … who knows. But, it’s still a possibility to be nervous about.
Still, even if the Pulte mess somehow gets cleared up, there’s no guarantee that anything without significant reforms will be able to pass the House. Politico reports that House Freedom Caucus Republicans are restarting their social media campaign to demand a warrant requirement, so it might be challenging to get something through Rules. If that doesn’t happen, Speaker Johnson’s only option is a floor vote without a rule which would require a 2/3 majority — and with a majority of House Democrats also supporting reforms, it’s not clear how likely that is. Over the weekend Senators Tom Cotton and Chuck Grassley sent to Secretary of State Marco Rubio warning that Section 702 authorities might lapse, and urging the administration to “explore alternative legal authorities to continue collecting intelligence and, if necessary, to draft an executive order to address the gap left by the expiration of the law.” Rubio wrote back saying how bad that would be. It’s shameless posturing — the “deadline” isn’t real — but it’s worked in the past.
Of course they could pass something with real reforms. Proposed reform legislation including the GSRA, SAFE Act and Protect Liberty Act has bipartisan support, and the votes are probably there in both chambers. But I’m not holding my breath. Maybe they can find the votes for another short-term extension, but then again everybody in both parties is pretty sick of this nonsense so maybe not. The closer we get to midterm elections, the less time and energy Congress wants to spend on a polarizing issue like FISA. So we shall see.
In any case, it’s once again a great time to contact your legislators! This is a situation where calls are likely to have a lot more impact than emails; you can use the US Capitol switchboard at 202-224-312, call your legislators office directly. or use calling tools from Indivisible and QuitGPT if you prefer. Both the House and Senate will be voting, so if you have time please call your Senators as well as your Representative!
Here’s a simple script.
Hi, my name is [Your Name], and I’m a constituent from [Your City, State]. I am calling today to ask that reject any extension to FISA Section 702 unless it includes key bipartisan reforms: closing requiring a warrant and closing the data broker loophole. Please do not be fooled by fake reforms that simply restate existing law, and please stop passing short-term extensions that just kick the ball down the road. Instead, support real reform like the GSRA — which has bipartisan support in both chambers.
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.
FISA Section 702’s authority for warrantless surveillance expires at the end of the year unless it’s reauthorized. With Congress leaving DC on December 15, there’s a lot of action this week — including competing Section 702 surveillance bills on collision path in the House, two bills in the Senate as well, and perhaps an attempt to add as short-term extension to the most-path NDAA bill. So now’s a critical time to contact Congress!
Defending Rights and Dissent’s Urgent Action: Congress at crossroads on surveillance alsls legislators to vote YES on the Protect Liberty and End Warrantless Surveillance Act (PLEWSA, HR 6570), which introduces significant reforms including requiring a warrant, and NO on HR 6611, the “FISA Reform and Reauthorization Act” (FRRA) , which would expand government spying by broadening the scope of FISA — a bill that civil liberties orgnizations EPIC, CDT, and Brennan Center describe as “a wolf in sheep’s clothing.”
The House of Representatives’ switchboard is at 202-225-3121; if you’re not sure who your representative is you can look them up here.
“Please OPPOSE H.R. 6611, the “FISA Reform and Reauthorization Act” (FRRA) and any attempt to include a short-term extension of Section 702 in the NDAA. Please SUPPORT H.R. 6570, the Protect Liberty and End Warrantless Surveillance Act (PLEWSA). FRRA not only fails to reform FISA, it actually broadens mass surveillance authorities. We’ve seen too many examples of unchecked, warrantless surveillance of Americans. FISA Section 702 must not be reauthorized without significant reforms – and PLEWSA has support from legislators in both parties.”
And the Senate switchboard is at 202-224-3121.
“Please OPPOSE any attempt to include a short-term extension of FISA Section 702 in the NDAA, and please OPPOSE S.3351 – FISA Reform and Reauthorization Act of 2023. Instead, please SUPPRT S. 3234, the Government Surveillance Reform Act of 2023, and SUPPORT H.R. 6570, the Protect Liberty and End Warrantless Surveillance Act (PLEWSA). FRRA not only fails to reform FISA, it actually broadens mass surveillance authorities. We’ve seen too many examples of unchecked, warrantless surveillance of Americans. FISA Section 702 must not be reauthorized without significant reforms – and GSRA and PLEWSA has support from legislators in both parties.”
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized
Posted by jdp23 
