Experts are sounding the alarm in Congress over expanded US wiretap powers, warning that the Federal Bureau of Investigation's continued access to Americans' communications without a warrant under Section 702 of the Foreign Intelligence Surveillance Act (FISA) risks turning a foreign intelligence tool into a standing engine for domestic spying.
The program, which was sold to Congress as a vital tool to target foreign adversaries, has instead become a "permission slip" for warrantless spying on Americans. According to experts, including former US Attorney Brett Tolman and Liberty and National Security Program codirector Liza Goitein, the program has drifted far from its original purpose and has become a rich source of warrantless access to Americans' communications.
The stakes are especially high now under the Trump administration, which has installed loyalists in key positions who publicly back 702 while facing deep skepticism from Democrats and some Republicans over the politicization of law enforcement. The FBI alone conducted over 57,000 "backdoor searches" of Section 702 data in 2023, according to public transparency reports.
Lawmakers and witnesses argued that the current safeguards are not enough, especially when the FBI can redefine basic terms like "query" without warning Congress. They called for a warrant requirement on searches of a vast government database built under Section 702 or for limits on its use.
The expansion of the program has also raised concerns over the ability of agencies to buy Americans' data from commercial brokers, known as the "data broker loophole." The FBI, DEA, Secret Service, Homeland Security, Defense Department, and IRS have all purchased cell phone location data, with the Supreme Court holding that historical cell-site location information is protected by the Fourth Amendment when demanded directly.
The witnesses also argued that adding a warrant requirement to 702 and expanding the use of independent "amicus" lawyers in politically sensitive cases could have prevented some of the most notorious abuses of the program. The question now is whether Section 702 will remain a foreign intelligence tool subject to constitutional constraints or continue what Tolman called "a clear record of systemic failure, constitutional betrayal, and disregard for the rule of law."
The program, which was sold to Congress as a vital tool to target foreign adversaries, has instead become a "permission slip" for warrantless spying on Americans. According to experts, including former US Attorney Brett Tolman and Liberty and National Security Program codirector Liza Goitein, the program has drifted far from its original purpose and has become a rich source of warrantless access to Americans' communications.
The stakes are especially high now under the Trump administration, which has installed loyalists in key positions who publicly back 702 while facing deep skepticism from Democrats and some Republicans over the politicization of law enforcement. The FBI alone conducted over 57,000 "backdoor searches" of Section 702 data in 2023, according to public transparency reports.
Lawmakers and witnesses argued that the current safeguards are not enough, especially when the FBI can redefine basic terms like "query" without warning Congress. They called for a warrant requirement on searches of a vast government database built under Section 702 or for limits on its use.
The expansion of the program has also raised concerns over the ability of agencies to buy Americans' data from commercial brokers, known as the "data broker loophole." The FBI, DEA, Secret Service, Homeland Security, Defense Department, and IRS have all purchased cell phone location data, with the Supreme Court holding that historical cell-site location information is protected by the Fourth Amendment when demanded directly.
The witnesses also argued that adding a warrant requirement to 702 and expanding the use of independent "amicus" lawyers in politically sensitive cases could have prevented some of the most notorious abuses of the program. The question now is whether Section 702 will remain a foreign intelligence tool subject to constitutional constraints or continue what Tolman called "a clear record of systemic failure, constitutional betrayal, and disregard for the rule of law."
I'm worried about our civil liberties. It's crazy that we need laws to protect us from being spied on, even in the name of national security 
. The fact that agencies can buy our data without a warrant is already too much 
. We should have limits on how this program is used and who has access to it 
. It's not about letting bad people through, it's about keeping us safe in the first place 
.
and it makes you wonder what's really going on behind closed doors. i think its time for us to take a step back and ask ourselves if this is worth sacrificing our very way of life over...
I get that it's supposed to be about national security, but when does it end? 
What's next? 
The government's got the right to know if you're talking to your mates online or not. But do they really need access to our private chats with our partners? 
That just feels like a slippery slope to me... 
i mean i know we're supposed to be safe from foreign threats but come on the fbi is getting way too big for its britches. i just want my privacies back and i think most americans do tbh 
OMG u guys! I'm literally shook by this news 
? We need some serious changes ASAP 
. Warrant requirement on the table is a must, like, duh! 
And can we please get rid of this "data broker loophole" already? It's like, soooo sketchy 
. The FBI has done over 57k "backdoor searches" in one year?! Mind blown 
. This is all about the rule of law, fam! 
So like I was reading about this wiretap powers thingy in Congress and it's got me thinking... shouldn't we have some major checks in place before we're snooping on our own citizens? 
What do you guys think? Should we be keeping tabs on each other's phone data? 
and the fact that the FBI is doing backdoor searches on their own without telling Congress? 
the experts are saying we need more checks and balances in place ASAP 
seriously can't we just get some actual oversight around here? I mean come on, who needs an entire database of cell phone location data being bought by every gov agency? it's like a surveillance state in progress 
I'm literally freaking out about this, folks! 
It's like something straight out of a dystopian novel. The FBI is basically flying under the radar with these "backdoor searches" and it's infuriating! 
I mean, what even is this "data broker loophole"? 
This is not about national security, it's about basic human rights being trampled all over. 
We need to take a stand against this! 
They're basically saying that as long as it's "foreign intelligence", they can get away with snooping on us without a warrant. That doesn't sound right to me... 
That's like, major red flag 
️. And it's not just the FBI, other agencies are getting in on the action too 
. We need to get a warrant requirement ASAP 
. Anyone else feeling me on this? 