- United States
- Md.
- Letter
Close FISA’s data broker loophole
To: Rep. Mfume, Sen. Van Hollen, Sen. Alsobrooks
From: A constituent in Halethorpe, MD
April 9
I am writing as your constituent to urge you to vote NO on any FISA reauthorization that does not first close the data broker loophole. This is not a future concern — it is an active constitutional crisis, and the upcoming vote will determine whether Congress addresses it or accelerates it. The Problem We Already Have Federal agencies are already purchasing, without a warrant, vast quantities of personal data from commercial brokers — including location data from Muslim prayer apps used to surveil a religious community, and tracking data harvested from immigrants’ weather apps. This is currently legal not because the Constitution permits it, but because FISA has never been updated to reflect how comprehensively private data is now collected and sold. The Fourth Amendment’s protections have been hollowed out not by direct assault, but by a regulatory gap that lets the government buy what it could not legally seize. What AI Changes — Now Until recently, a practical constraint on mass surveillance existed: analyzing oceans of raw data requires human agents, and there aren’t enough of them. That constraint is being eliminated. AI can now process satellite imagery, drone footage, geolocation trails, and text conversations — including facial recognition through masks — at a speed and scale that was impossible a year ago. OpenAI has agreed to support Department of Defense bulk data analysis. If FISA is reauthorized without closing the loophole, the government will have both the legal authority to purchase virtually any data about any American and the AI capability to analyze all of it instantly, without judicial review. This is not a slippery slope. It is the slope we are already on. What I Am Asking No one is asking for FISA to lapse. A reformed bill exists. I am asking for something narrow and non-negotiable: a loophole closure as a condition of any yes vote. Privacy and legal experts across the political spectrum have rebutted every argument for passing a clean reauthorization. The argument that we should wait until abuse occurs and then respond is not oversight — it is complicity dressed up as pragmatism. In a moment when the executive branch has already demonstrated its willingness to weaponize government agencies against political opponents and vulnerable communities, warrantless access to AI-assisted bulk surveillance is not a measured risk. It is an open door. My Specific Requests: 1. Vote NO on any FISA reauthorization without the data broker loophole closure. 2. Publicly state your position before the vote. 3. Support any amendment or alternative bill that makes the closure a condition of reauthorization. The Fourth Amendment does not have a commercial exemption. Respectfully,
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