Lee Cosponsors Government Surveillance Transparency Act

WASHINGTON - U.S. Senator Mike Lee cosponsored the Government Surveillance Transparency Act to require public reporting and notice of the hundreds of thousands of criminal surveillance orders issued by courts each year. These orders are typically sealed indefinitely, keeping government surveillance hidden for years, even when the targets are never charged with any crime.

"This bill strikes an appropriate balance between protecting criminal investigations and notifying individuals when their private electronic communications are surveilled by the government," said Senator Mike Lee. "Americans have a right against unreasonable searches, and that includes in their digital communications and data. I am proud to cosponsor The Government Surveillance Transparency Act."

The legislation was introduced by U.S. Senator Ron Wyden (D-OR) and cosponsored by Senators Cory Booker (D-NJ) and Steve Daines (R-MT). The House version of the bill was introduced by U.S. Representatives Warren Davidson (R-OH) and Ted Lieu (D-CA).

"Law-abiding Americans deserve to know when and how their government tries to spy on them," said Senator Ron Wyden. "This bill establishes a clear process to ensure the government can't conduct surveillance operations in the dark by misusing sealing orders, with commonsense protections to make sure that active investigations aren't compromised."

"The government should not be able to read your emails, access your personal data, or surveil your digital life in secret," said Senator Cory Booker. "But right now, the law lets them do exactly that. Congress has a responsibility to fix it, and it's long overdue. Every American, every New Jerseyan, has a constitutional right to know when the government has searched their personal information. This bill makes that a reality and restores the transparency every American deserves."

"Montanans and Americans have the Constitutional right to protection from unreasonable searches and seizures," said Senator Steve Daines. "I'm proud to work with my colleagues on the Government Surveillance Transparency Act to increase transparency and maintain integrity of investigations."

"Americans should not be subjected to secret government surveillance that stays sealed forever, with no notice and no accountability," said Congressman Warren Davidson. "This bipartisan bill restores constitutional balance by requiring eventual notice and ensuring transparency without compromising legitimate law enforcement needs."

"Americans deserve transparency when the government obtains their data, but current rules allow law enforcement agencies to keep these activities hidden indefinitely," said Congressman Ted Lieu. "The Government Surveillance Transparency Act prevents the government from keeping the public in the dark forever. By adopting common-sense transparency measures, our bill ensures Americans are eventually notified about subpoenas and court-ordered surveillance of their electronic data. I'm pleased to work with my colleagues in the House and Senate on this important, bipartisan legislation."

The Government Surveillance Transparency Act would:

• Require law enforcement to notify targets about subpoenas and court ordered surveillance of their electronic data, similar to existing rules for wiretaps and bank subpoenas.
• Permit providers and other interested parties to challenge sealing orders, requiring the government to pay the challenger's costs and legal fees if it loses.
• Require that surveillance applications and orders eventually be unsealed and docketed, ensuring they are available to the public and press once it no longer disrupts an investigation or puts individuals at risk.
• Require courts to publish online basic data about every surveillance order they authorize, while not revealing any personal information that could disrupt an active investigation.
• Require that law enforcement notify courts if they search the wrong person, house, or device pursuant to an order issued by the court or if a provider discloses data not authorized by the court.
• Require the Administrative Office of the Courts to expand the annual wiretap reports to include data on the surveillance of stored communications, interception of metadata, and gag orders.
• Provide grants to State and Tribal courts to implement the requirements of the bill.

Access the full text of the bill here.

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