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Trump: Extend Foreign Surveillance 04/15 06:15
WASHINGTON (AP) -- Congress is set to take up the reauthorization of a
divisive program that lets U.S. spy agencies pore over foreigners' calls, texts
and emails, with supporters like President Donald Trump saying it has saved
lives while critics point to longstanding concerns about warrantless
surveillance of Americans.
A key provision of the Foreign Intelligence Surveillance Act permits the
CIA, National Security Agency, FBI and other agencies to collect and analyze
vast amounts of overseas communications without a warrant. It incidentally
sweeps up the conversations of any Americans who interact with those foreigners
targeted for surveillance.
The program expires Monday, and critics want changes, including a
requirement for warrants before authorities can access the emails, phone calls
or text messages of Americans. They also want limits on the government's use of
internet data brokers, who sell large volumes of personal information gleaned
online, offering the government what critics say amounts to an end-run around
the Constitution.
Despite bipartisan criticism, the chances of significant reforms dropped
when Trump announced his support for the program's renewal, saying it had
proven its worth in supplying information vital to recent U.S. actions in
Venezuela and Iran.
"The fact is, whether you like FISA or not, it is extremely important to our
military," Trump said on social media Tuesday.
Trump calls for another extension of the program
U.S. authorities say the program, known as Section 702 of the law, is vital
to national security and has saved lives by uncovering terror plots. Critics
question what they call a dangerous infringement on civil liberties and privacy.
In a Truth Social post, Trump said a different FISA provision was used to
spy on his 2016 campaign but that he supported Section 702's renewal despite
misgivings that political adversaries could 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 these FISA reforms are
being aggressively executed 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 nation's intelligence services and was
once opposed to Section 702 before he reversed himself. "KILL FISA" Trump
posted on social media in 2024, when the provision was last reauthorized.
Trump isn't the only one-time critic to change their mind: Director of
National Intelligence Tulsi Gabbard sponsored legislation to repeal Section 702
as a Hawaii congresswoman 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.
Greater protections are sought for Americans' communications
In addition to a requirement for a warrant to access Americans' data,
critics also want greater protections on how the FBI or other agencies can
search communications and how that is reported to the public.
"Journalists, foreign aid workers, people with family overseas, all could
have their communications swept up in this surveillance merely because they
talked to someone outside of this country," said Sen. Ron Wyden, D-Ore. The
longtime critic of the law is pushing for changes that he said will ensure the
government isn't violating civil rights in secret.
Several Republicans also have suggested changes, such as the warrant
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 that Americans are not
subjected to unconstitutional surveillance."
Gabbard's office releases an annual report showing the number of foreign
surveillance targets and number of searches likely to identify an American.
For 2025, the number of foreign surveillance targets increased to nearly
350,000 from almost 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 the data without reporting the searches publicly, said Elizabeth
Goitein, senior director of the Liberty and National Security Program at the
Brennan Center for Justice at New York University.
FBI officials repeatedly violated their own standards when searching for
intelligence related to the Jan. 6, 2021, insurrection at the U.S. Capitol and
racial justice protests in 2020, according to a 2024 court order.
"It's reminiscent of J. Edgar Hoover's tenure at the FBI," Goitein said,
referring to the FBI's founding director who used illegal surveillance to
harass and spy on Americans. "They can pretty much target anyone."
There's little time to make changes to the law
Despite bipartisan concerns about the law and its implications for civil
liberties, time is running out for Congress to make any changes before Monday's
expiration.
Trump's support also reduces the odds that enough Republicans will break
ranks and join Democrats to push for reforms.
Wyden said Section 702 votes are routinely delayed until the last minute,
then lawmakers are told that national security demands they vote yes. Lawmakers
are told, he said, that "if they vote for any amendments, the program will die
and terrible things will happen and it will be all their fault."
The best chance for inserting changes likely is the House, 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, is backing Trump's call for an 18-month renewal.
Crawford has taken aim in the past at what he calls the weaponization of
intelligence but said last month that he believes the government can empower
spy agencies while also holding them accountable.
"We can walk and chew gum at the same time," Crawford said.
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