Washington — Congress is scheduled to take over Reauthorization of a controversial program It allows US spy agencies to eavesdrop on foreigners’ calls, text messages and emails, with supporters such as President Donald Trump saying it has saved lives and critics pointing to a longstanding policy. Concerns about warrantless surveillance of Americans.
A key provision of the Foreign Intelligence Surveillance Act allows the CIA, NSA, FBI and other agencies to collect and analyze massive amounts of foreign communications without a warrant. It incidentally sweeps through the conversations of any American who interacts with these foreigners targeted for surveillance.
the Program expiration Monday, and critics want changes, including a requirement to obtain court orders before authorities can access Americans’ private emails, phone calls or text messages. They also want to impose restrictions on the government’s use of online data brokers, which sell large amounts of personal information collected online, offering the government what critics say amounts to circumventing the Constitution.
Although Bipartisan criticismHowever, the chances of major reforms declined when Trump announced his support for revamping the program, saying it had proven its worth in providing vital information for recent US actions in 2018. Venezuela and Iran.
“The truth is, whether you like FISA or not, it is very important to our military,” Trump said on social media on Tuesday.
US authorities say the program is known as Section 702 of the law Vital to national security Save lives by uncovering terrorist plots. Critics question what they call a serious violation of civil liberties and privacy.
In a post on Truth Social, Trump said a different provision of the Foreign Intelligence Surveillance Act (FISA) had been used for spying His 2016 election campaign But he supported renewing Section 702 despite concerns that political opponents might use parts of the law against him in the future. He called on lawmakers to extend the foreign surveillance program for another 18 months.
“My Administration has worked tirelessly to ensure that these FISA reforms are aggressively implemented at every level of the executive branch to keep Americans safe, while protecting our sacred civil liberties guaranteed by our great Constitution,” Trump wrote.
Trump is a longtime critic of the country’s intelligence services and has been one in the past Against Article 702 Before he reverses himself. “Kill the Foreigner Surveillance Act” Trump posted on social media in 2024, when the provision Latest reauthorization.
Trump wasn’t the only critic to change his mind: Director of National Intelligence Tulsi Gabbard sponsored legislation to repeal Section 702 as a Hawaii congressman, but now supports it after being tapped to coordinate the nation’s 18 intelligence agencies.
Gabbard says new protections added since her time in Congress helped change her mind.
In addition to requiring a court order to access Americans’ data, critics also want greater protections about how it can be done Federal Bureau of Investigation Or other agencies can look into communications and how to inform the public.
“Journalists, foreign aid workers, people with family abroad can have their communications searched in this surveillance simply because they spoke to someone outside this country,” said Sen. Ron Wyden, D-Oregon. A longtime critic of the law has been pushing for changes that he said would ensure the government is not secretly abusing civil rights.
Several Republicans also proposed changes, such as an arrest requirement.
“National security and civil liberties are not mutually exclusive,” said Rep. Andy Biggs, R-Ariz. “We can give our intelligence professionals the tools they need to target foreign threats while ensuring Americans are not subjected to unconstitutional surveillance.”
Gabbard’s office issues Annual report Shows the number of foreign surveillance targets and the number of searches that are likely to identify an American.
For 2025, the number of foreign surveillance targets increased to nearly 350,000 from about 292,000 in 2024. Searches using terms likely to identify an American decreased slightly to 7,724 from 7,845 in 2024.
The totals are incomplete because agencies like the FBI have found ways to access data without reporting the searches publicly, said Elizabeth Gutin, director of the Liberty and National Security Program at New York University’s Brennan Center for Justice.
FBI officials repeatedly Their own standards were violated When searching for intelligence information related to January 6, 2021, Uprising In the US Capitol building 2020 racial justice protestsAccording to 2024 Court order.
“It’s reminiscent of J. Edgar Hoover’s time at the FBI,” Goitein said, referring to the FBI’s founding director who used illegal surveillance to harass and spy on Americans. “They can target pretty much anyone.”
Although Bipartisan concerns Regarding the law and its implications for civil liberties, Congress is running out of time to make any changes before it expires on Monday.
Trump’s support also makes it less likely that enough Republicans will break ranks and join Democrats to push for reforms.
Wyden said Article 702 votes They are routinely delayed until the last minute, and then lawmakers are told that national security requires them to vote yes. He said lawmakers were told that “if they voted for any amendments, the program would die and terrible things would happen and it would all be their fault.”
The best chance for changes is likely to be in the House of Representatives, where a large number of lawmakers from both parties have expressed concerns.
But Rep. Rick Crawford, an Arkansas Republican who chairs the House Intelligence Committee, supports Trump’s call for an 18-month renewal.
Crawford has in the past targeted what he called the weaponization of intelligence, but last month he said he believes the government is capable of empowering spy agencies while also holding them accountable.
“We can walk and chew gum at the same time,” Crawford said.