A bipartisan group of lawmakers led by four champions of civil liberties – Sen. Ron Wyden (D-OR), Sen. Mike Lee (R-UT), Rep. Warren Davidson (R-OH) and Rep. Zoe Lofgren (D-CA) — on Tuesday, November 7, 2023, introduced the bicameral Government Surveillance Reform Act (GSRA), legislation that truly merits overused Capitol Hill adjectives like “landmark,” “sweeping,” and “comprehensive.”
The bill would rein in the growing phenomenon of warrantless government surveillance, reforming not only Section 702 (due to expire on Dec. 31), but also other statutory and self-proclaimed executive authorities.
Senators Wyden and Lee are joined by Senators Hirono (D-HI), Daines (R-MT), Tester (D-MT), Lummis (R-WY), Warren (D-MA), Markey (D-MA) and Baldwin (D-WI); and Representatives Davidson and Lofgren are joined by Reps. Biggs (R-AZ), Jacobs (D-CA), Massie (R-KY), Jayapal (D-WA), Chu (D-CA), Mace (R-SC), Correa (D-TX), Doggett (D-TX), Lee (D-CA), and Lieu (D-CA).
The bill would rein in the growing phenomenon of warrantless government surveillance, reforming not only Section 702 (due to expire on Dec. 31), but also other statutory and self-proclaimed executive authorities.
Senators Wyden and Lee are joined by Senators Hirono (D-HI), Daines (R-MT), Tester (D-MT), Lummis (R-WY), Warren (D-MA), Markey (D-MA) and Baldwin (D-WI); and Representatives Davidson and Lofgren are joined by Reps. Biggs (R-AZ), Jacobs (D-CA), Massie (R-KY), Jayapal (D-WA), Chu (D-CA), Mace (R-SC), Correa (D-TX), Doggett (D-TX), Lee (D-CA), and Lieu (D-CA).
HIGHLIGHTS OF THE GSRA
The GSRA curbs the warrantless surveillance of Americans by federal agencies while restoring the principles underlying the Fourth Amendment. Key highlights include:
The GSRA represents a critical opportunity to protect Americans against warrantless government surveillance and further government abuse of surveillance authorities. Congress should not reauthorize Section 702 absent these vital protections.
- The GSRA closes the Section 702 backdoor search loophole, under which by government agencies are conducting hundreds of thousands of warrantless searches for Americans’ telephone, text, and email communications that are “incidentally” caught up in data collected under Section 702 of the Foreign Intelligence Surveillance Act (FISA). Under the bill, agencies would be required to get a warrant before conducting such searches, with narrow, commonsense exceptions for cases in which the government obtains consent, an emergency exists, or the government is searching for malware embedded in Americans’ communications.
- The GSRA also closes the parallel backdoor search loophole under Executive Order (EO) 12333. EO 12333 is a self-proclaimed authority of the executive branch, not authorized by any statute, which applies when the government conducts surveillance overseas. Like Section 702 surveillance, EO 12333 surveillance results in the “incidental” warrantless collection of massive amounts of Americans’ personal information — information that intelligence agents then retrieve through backdoor searches. The GSRA requires a warrant for these searches, with the same reasonable exceptions that apply to Section 702 searches.
- The GSRA closes the data broker loophole, under which federal agencies evade constitutional and statutory protections by purchasing Americans’ sensitive information, including location information, internet search histories, and biometric data scraped from apps and sold to the government by third-party data brokers. The GSRA bars the government from buying its way around legal protections for these and other sensitive types of data.
- The secret FISA Court too often hears only from the government and fails to hold the government accountable for violations of the Fourth Amendment, FISA, and court orders. The GSRA improves the workings of the Court by incorporating the “Lee-Leahy amendment,” a measure that passed the Senate in 2020 by a vote of 77-19. Among other reforms, “Lee-Leahy” requires the secret FISA Court to appoint civil liberties experts as amici, and to appoint amici as advisors in sensitive cases that threaten the constitutional rights of Americans.
- The GSRA holds officials in the FBI, CIA, NSA, ODNI and DOJ to account for negligent, willful, or knowing violations of the GSRA, FISA, or Executive Order 12333. In egregious cases, officials can be fired and stripped of their security clearances.
The GSRA represents a critical opportunity to protect Americans against warrantless government surveillance and further government abuse of surveillance authorities. Congress should not reauthorize Section 702 absent these vital protections.
TELL YOUR MEMBERS OF CONGRESS TO SUPPORT THE GSRA
Tell your U.S. Senators and Representative:
I am outraged that the FBI and other federal agencies can access my private, personal communications under Section 702 of the Foreign Intelligence Surveillance Act. Congress designed this authority to catch foreign terrorists and spies. It is now routinely used by the government to snoop into our private lives without a warrant.
I am also deeply disturbed that federal agencies purchase my most sensitive and personal information scraped from my apps and sold by data brokers. All this private information about me – where I go, who I communicate with, what I say, where I worship or celebrate with friends – makes me an open book to the government.
I demand that reform – real, deep, and lasting – be the price of reauthorization of Section 702. Renewal of this authority must require the FBI and other federal agencies to get probable cause warrants, as mandated by the U.S. Constitution, before they can get their hands on my communications and other personal data, whether they’re collecting it under Section 702 or buying it from data brokers.
This includes your support of the Government Surveillance Reform Act (GSRA).
I am outraged that the FBI and other federal agencies can access my private, personal communications under Section 702 of the Foreign Intelligence Surveillance Act. Congress designed this authority to catch foreign terrorists and spies. It is now routinely used by the government to snoop into our private lives without a warrant.
I am also deeply disturbed that federal agencies purchase my most sensitive and personal information scraped from my apps and sold by data brokers. All this private information about me – where I go, who I communicate with, what I say, where I worship or celebrate with friends – makes me an open book to the government.
I demand that reform – real, deep, and lasting – be the price of reauthorization of Section 702. Renewal of this authority must require the FBI and other federal agencies to get probable cause warrants, as mandated by the U.S. Constitution, before they can get their hands on my communications and other personal data, whether they’re collecting it under Section 702 or buying it from data brokers.
This includes your support of the Government Surveillance Reform Act (GSRA).