Wyden, Lee, Davidson and Lofgren Introduce Bill to Reform FISA Section 702, Protect Americans’ Constitutional Rights and Plug Data Broker Surveillance Loophole

Wyden, Lee, Davidson and Lofgren Introduce Bill to Reform FISA Section 702, Protect Americans' Constitutional Rights and Plug Data Broker Surveillance Loophole

Washington, D.C. - U.S. Senator Ron Wyden, D-Ore., with Sen. Mike Lee, R-Utah, Rep. Warren Davidson, R-Ohio, and Rep. Zoe Lofgren, D-Calif., today introduced an updated version of the Government Surveillance Reform Act to enact new protections for Americans' rights, including stopping the Federal government from buying data on Americans from shady data brokers, while reauthorizing and reforming Section 702 of the Foreign Intelligence Surveillance Act (FISA).

The Government Surveillance Reform Act is the only bipartisan, bicameral bill on offer to reform FISA 702 and other government surveillance programs. It is cosponsored by Sens. Elizabeth Warren, D-Mass., and Cynthia Lummis, R-Wyo., and Reps. Sara Jacobs, D-Calif., and Pramila Jayapal, D-Wash.

"Advances in technology, from AI to the explosion of Americans' data available for purchase, have far outpaced the laws protecting Americans' privacy and civil liberties," Wyden said. "I'm proud to introduce this bipartisan bill as a leader of the Ben Franklin caucus, which stands for the proposition that liberty and security aren't mutually exclusive."

"It is imperative that Congress enact real reforms to protect our civil liberties, including warrant requirements and statutory penalties for privacy violations, in exchange for reauthorizing Section 702," Lee said. "Our bipartisan Government Surveillance Reform Act stops illegal government spying and restores the Constitutional rights of all Americans."

"FISA Section 702 has been stretched far beyond its original purpose and now enables unconstitutional warrantless searches of American citizens and their private communications," Davidson said. "The bipartisan Government Surveillance Reform Act counters these abuses by requiring a warrant to search Americans' data and by closing the data broker loophole that allows the federal government to spy on citizens by purchasing private data that would otherwise require a warrant or subpoena."

"Now more than ever, unchecked government access to Americans' personal information threatens their privacy, their civil liberties, and our democracy," Lofgren said. "Congress should not reauthorize broad domestic surveillance authorities without putting meaningful safeguards in place. The bipartisan, bicameral Government Surveillance Reform Act offers a comprehensive and balanced solution that would prevent abuse of Americans' personal information while preserving essential national security tools that keep our country safe."

"If we are serious about protecting our constitutional freedoms against government overreach, a judicially-approved warrant should be required for all section 702 searches," Lummis said. "This legislation goes a long way to restoring our Fourth Amendment rights and curbing the inexcusable intelligence agency excesses of the last two decades."

The Government Surveillance Reform Act would represent the most comprehensive reform of surveillance laws in nearly half a century. The bill reauthorizes Section 702 for four years with necessary privacy reforms and constitutional safeguards, including:

• Closing the backdoor search loophole: The bill requires the federal government to get a warrant to access Americans' private communications gathered under Section 702, with important exceptions for emergency situations.
• Closing the data broker loophole: The bill bans the federal government from buying Americans' data from data brokers without a warrant.
• Prohibiting reverse targeting: The bill prohibits using surveillance on foreigners overseas through Section 702 as a pretext for gathering data on Americans.
• Repealing the "make everyone a spy" provision: This bill repeals a controversial 2024 expansion that allows the government to force millions of Americans and companies to secretly spy on its behalf.
• Reforming intelligence collection outside FISA: This bill protects Americans from intelligence agencies using non-statutory authorities, including by prohibiting backdoor searches and reverse targeting outside of FISA.
• Updating privacy protections for AI and other modern technologies: This bill requires federal law enforcement to get a warrant to surveil Americans' location information, web browsing data, search and chatbot records, and car onboard and telematics data.
• Halting warrantless collection of business records: This bill protects Americans' data from warrantless collection under an authority that expired over five years ago.
• Enhancing oversight and accountability: The bill strengthens judicial oversight, public reporting, and accountability requirements under FISA.

A section-by-section summary of the bill is here. The full bill text is here.

The Government Surveillance Reform Act is endorsed by privacy and civil liberty advocates across the political spectrum: American Civil Liberties Union (ACLU), Americans for Prosperity, Asian Americans Advancing Justice (AAJC), Brennan Center for Justice at NYU School of Law, Center for Democracy & Technology, Consumer Choice Center, Demand Progress, Due Process Institute, Electronic Privacy Information Center (EPIC), Fight for the Future, Muslim Advocates, National Association of Criminal Defense Lawyers, Project for Privacy and Surveillance Accountability (PPSA), Restore the Fourth.

James Czerniawski, Head of Emerging Technology Policy at Consumer Choice Center: "For years, the U.S. intelligence community has repeatedly misused its authorities under FISA, including Section 702, as well as other surveillance powers, undermining public trust and raising concerns across the political spectrum. Protecting constitutional rights and protecting national security are not opposing goals. We applaud the reintroduction of the Government Surveillance Reform Act, a bipartisan path forward that brings back a comprehensive package of reforms. This package responsibly reins in warrantless surveillance while preserving the tools needed to keep Americans safe. We commend Senators Wyden and Lee, along with Representatives Davidson and Lofgren, for once again leading this cross-party effort to advance essential, rights-protecting reforms."

John C. Yang, President and Executive Director of Asian Americans Advancing Justice: "Reform of Section 702 of the Foreign Intelligence Surveillance Act is long overdue. The federal government has used this provision to engage in mass warrantless surveillance and collection of Americans' international phone calls, emails, text messages, and other communications with little oversight or accountability. Asian Americans often encounter disproportionate amounts of scrutiny framed as 'national security'. The Government Surveillance Reform Act of 2026 is a critical step in regulating the collection of Americans' most sensitive and private information."

Jason Pye, Vice President of the Due Process Institute: "The Government Surveillance Reform Act is an important step toward restoring the balance between national security and the civil liberties the Constitution was designed to protect. For too long, federal surveillance authorities have created opportunities for the warrantless collection and misuse of Americans' communications. Few would argue that surveillance authorities are required to protect the United States from foreign threats, but we have to recognize that Americans expect that their fundamental civil liberties will be protected. Congress has routinely failed to do so, including the most recent reauthorization, which actually expanded surveillance. The reforms included in GSRA are responsible and necessary to ensure that intelligence tools aimed at foreign threats are not used to sidestep the Fourth Amendment rights of Americans."

Hajar Hammado, Senior Policy Advisor at Demand Progress: "The federal government should not have the ability to bypass courts and obtain the private emails, texts and calls of Americans, especially when they are purchased from shady data brokers who sell our private information to anyone willing to pay. The Government Surveillance Reform Act protects Americans' privacy by finally closing the backdoor search loophole and closing the door on data brokers. Protecting Americans' privacy and civil liberties from these threats cannot wait, Congress must implement these reforms ahead of the April 20 expiration date. We thank Sens. Wyden and Lee, and Reps. Davidson and Lofgren for their steadfast leadership and we urge all members of Congress to enact critically needed privacy protections before renewing the government's spying authority."

Alex Marthews, National Chair at Restore the Fourth: "The Government Surveillance Reform Act contains critical reforms to protect U. S. persons from unreasonable and warrantless government surveillance. It would rein in AI-driven misuse of NSA classified databases to spy on U. S. persons without probable cause or a warrant; it would make much less likely that Americans would be harassed or prosecuted on the basis of poor-quality data held on them by data brokers; and it would make it easier for people unfairly surveilled to get redress from the courts. We warmly encourage the Judiciary Committees in the House and the Senate to mark up a bill that takes the best parts of this bill, Senator Lee's and Senator Durbin's SAFE Act and Rep. Biggs' Protect Liberty Act, before the sunset of these authorities in April."

Bob Goodlatte, former Chairman of the House Judiciary Committee and Senior Policy Advisor to the Project for Privacy and Surveillance Accountability: "PPSA commends Sen. Ron Wyden, Sen. Mike Lee, Rep. Warren Davidson, and Rep. Zoe Lofgren for reintroducing the Government Surveillance Reform Act (GSRA) - a comprehensive surveillance reform bill that balances national security with Americans' constitutional and privacy rights. This balanced and comprehensive bill enjoys bipartisan and bicameral support because Members of Congress on both sides of the aisle are alarmed by the abusive and pervasive surveillance of the American people by their own government. This well-crafted legislation should be included in the reauthorization of FISA Section 702 in April."

Sumayyah Waheed, Senior Policy Counsel at Muslim Advocates: "As the federal government seeks to capture ever more intimate data and biometrics on every person in America, we must pass new laws to protect our privacy. The Government Surveillance Reform Act is a critical measure to reclaim our data and reaffirm the Fourth Amendment's protections against mass government surveillance, which chills dissent and enables abuse. We thank Senators Wyden and Lee, and Representatives Davidson and Lofgren, for their leadership on this bill."

Jeramie D. Scott, Senior Counsel and Director of the EPIC Surveillance Oversight Program: "The Government Surveillance Reform Act includes critical protections for our privacy and our data in an increasingly vulnerable digital world. As technology advances, so too must our laws to ensure that we secure the values enshrined in our Constitution. Our spy agencies should not turn warrantless surveillance systems inward to invade Americans' communications, and they shouldn't sidestep the Fourth Amendment by purchasing our sensitive information from data brokers. Our values and our Constitution demand our privacy and civil liberties be protected and EPIC is proud to support a bill that does just that."

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