Sens. Mike Lee and Dick Durbin introduced bipartisan legislation Monday aimed at curbing warrantless government surveillance of Americans. The Security and Freedom Enhancement (SAFE) Act would reauthorize Section 702 of the Foreign Intelligence Surveillance Act for two years while adding new safeguards for civil liberties. The proposal comes amid mounting concern over documented abuses of federal surveillance powers.
Mike Lee said the documented abuses under Section 702 should provoke outrage among those who value the Fourth Amendment. He cited warrantless searches targeting journalists, political commentators, campaign donors, and even members of Congress. Lee said bipartisan reforms are necessary to restore trust in the government’s commitment to constitutional protections.
Dick Durbin emphasized that Section 702 remains a valuable national security tool but criticized its use to conduct thousands of warrantless searches of Americans’ private communications. He called the SAFE Act a commonsense solution to protect the country from foreign threats while safeguarding privacy.
Section 702 of the Foreign Intelligence Surveillance Act authorizes surveillance targeting foreign adversaries abroad. However, communications involving Americans are often incidentally collected without a warrant. Critics argue this practice conflicts with Fourth Amendment protections against unreasonable searches and seizures.
The SAFE Act would require government agencies to obtain a warrant or FISA Title I order before accessing Americans’ communications collected under Section 702. Exceptions would exist for exigent circumstances. The bill would also strengthen the role of amici curiae in the FISA Court, close the “data broker loophole” that allows agencies to purchase sensitive data such as location history, and narrow the broad definition of Electronic Communications Service Provider. It would also close the Section 215 loophole that allowed expired surveillance authorities to continue in practice.
James Czerniawski of the Consumer Choice Center said the legislation would balance privacy protections with national security needs. Progressive groups, including Demand Progress, also voiced support, underscoring rare bipartisan agreement on reform.
Tensions remain in the House. Speaker Mike Johnson previously faced backlash from conservatives over a vote related to warrant requirements. House Intelligence Chairman Rick Crawford and Judiciary Chairman Jim Jordan are discussing possible compromises.
Attorney General Pam Bondi told Rep. Andy Biggs during a February hearing that the Trump administration is committed to working with Congress to end warrantless surveillance of Americans.
The debate over Section 702 reauthorization is expected to intensify as lawmakers weigh national security priorities against constitutional protections.
