1. United States
  2. Wash.
  3. Letter

OPPOSE any clean extension of FISA Section 702 unless it includes real reforms!

To: Rep. Jayapal, Sen. Murray, Sen. Cantwell

From: A constituent in Seattle, WA

April 26

I’m supporting you in opposing any clean extension or long-term reauthorization of FISA Section 702 unless it includes real reforms to protect Americans’ Fourth Amendment rights. Section 702 was created to target foreign persons located outside the United States. That foreign-intelligence purpose matters, and Congress should preserve it. The problem is what happens when Americans’ communications are swept into those databases and then searched later by the FBI or other agencies using U.S. person identifiers. This in effect exposes Americans to warrantless searches. If the government wants to deliberately search for an American’s private communications, it should get a warrant or a FISA court order, absent a true emergency. Congress should also close the data broker loophole. If the government needs a warrant to obtain sensitive information directly, it should not be allowed to buy that same information from a private company. Personal records do not lose constitutional significance just because they were collected by a commercial broker first. Oversight reports may reduce misuse, but they do not replace judicial review. Internal safeguards are not the same thing as constitutional safeguards. Americans should not have to rely on agency self-policing when the issue is access to their private communications. Please vote NO on any clean extension or reauthorization that fails to include meaningful reforms. Congress must require a warrant or FISA court order for U.S. person queries, close the data broker loophole, and strengthen review in the FISA process.

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