Privacy Advocates Push Dems To Do Something About Warrantless Surveillance

A broad coalition of political groups and civil liberties organizations is urging the incoming Democratic-controlled Congress to address the executive branch's warrantless surveillance practices. Trump officials and some Democrats, however, are advocating for Republicans to extend these powers during the lame duck session, complicating a future blue Congress' efforts to institute safeguards.

Section 702 of the Foreign Intelligence Surveillance Act (FISA), which has been utilized by US intelligence agencies to monitor the electronic communications of thousands of individuals outside the United States without a warrant, expired in June. The National Security Agency can currently operate under the law until March 2027, though a renewal would extend that timeframe.

Privacy advocates and civil libertarians have long criticized Section 702, deeming it unconstitutional and introduced in 2008 to retroactively legitimize a post-9/11 wiretapping program. Earlier this year, seven Republicans voted against renewing Section 702 despite encouragement from Trump. Jim Himes, the incoming House Intelligence Committee chair, urged Republicans to "get this thing done" and renew the warrantless spy powers.

Himes was joined by top national security officials from the administration, including Attorney General Todd Blanche, Director of National Intelligence Jay Clayton, and CIA Director John Ratcliffe, who sent a joint letter to Trump requesting the extension. Many Americans are growing increasingly frustrated with being surveilled, as evidenced by last week's elections.

In a letter shared exclusively with Mother Jones, 80 civil rights groups urged Democratic leaders to prioritize protecting Americans' privacy and reining in surveillance. "Civil liberties cannot depend on who occupies the White House," the groups wrote. The surveillance capabilities of the federal government now extend beyond FISA, encompassing access to location data from devices like Flock cameras and allowing government data-brokers to purchase personal information without a warrant.

This type of extensive, uncontrolled government surveillance has drawn criticism, with cities across the country voting to eliminate Flock cameras or prevent their installation without public approval. As Democrats consider how to maintain voter support, opposing surveillance reforms could prove advantageous, according to Don Bell, senior policy counsel at the Project on Government Oversight.

"Americans have given Congress a clear message that they need to act now to safeguard privacy and civil liberties."