Senators Lee and Durbin Introduce Bipartisan Bill to End Warrantless Surveillance of Americans
U.S. Senators Mike Lee (R-UT) and Dick Durbin (D-IL) unveiled a significant bipartisan proposal on Monday aimed at safeguarding Americans’ privacy from warrantless government surveillance. The legislation, known as the Security and Freedom Enhancement (SAFE) Act, seeks to reform and reauthorize Section 702 of the Foreign Intelligence Surveillance Act (FISA) with critical protections for civil liberties.
“The many documented abuses under FISA should provoke outrage from anyone who values the Fourth Amendment,” Senator Lee said in a statement. He emphasized that the bill addresses widespread government overreach, including warrantless searches targeting journalists, political figures, and even sitting members of Congress.
The SAFE Act proposes to reauthorize Section 702 for two years while implementing safeguards to prevent abuse. Notably, the bill would require the government to obtain a FISA Title 1 order or a warrant before accessing the content of Americans’ communications collected under Section 702—except in exigent circumstances. It also aims to close loopholes that allow government agencies to circumvent privacy protections, such as the “data broker loophole” used to acquire location data and other sensitive information without warrants.
Additionally, the legislation would:

Tighten the definition of Electronic Communications Service Providers (ESCP), preventing broad and unnecessary data collection from organizations that use email, voicemail, and other communication services.
Close the Section 215 loophole, which permitted the use of certain surveillance authorities that expired in 2020.
Increase the role of amici curiae—outside legal experts—in FISA Court proceedings to improve oversight and transparency.

Durbin stated, “Section 702 is a valuable tool to help keep our nation safe. However, it’s being used to conduct thousands of warrantless searches of Americans’ private communications, which is unacceptable.” He added that the SAFE Act strikes a necessary balance between national security and individual privacy.
Supporters from civil liberties groups and policy advocates praised the bill. Hajar Hammado, senior policy advisor at Demand Progress, said, “No government, whether run by Donald Trump and Stephen Miller or Joe Biden, should be able to snoop on your private emails and texts. The SAFE Act is a bipartisan solution to this problem, and Congress should pass it.”
While the bill enjoys broad support among civil liberties advocates, some in Congress remain divided. The White House reportedly favors a “clean” reauthorization of Section 702 without additional reforms—a stance that has frustrated conservative lawmakers, including House Speaker Mike Johnson, who sided against warrant requirements during a recent vote.
House Intelligence Committee Chairman Jim Jordan and House Judiciary Committee Chairman Jim Jordan are currently engaged in negotiations to craft a compromise that would better safeguard Americans’ privacy while maintaining the intelligence tools needed to combat foreign threats.
During a mid-February hearing, Attorney General Pam Bondi reaffirmed the Biden administration’s commitment to working with Congress on ending warrantless searches, echoing the bipartisan consensus that reforms are necessary. Rep. Andy Biggs (R-AZ) pointed out that, in January 2025, Bondi had agreed that “any time an American’s private communications are intercepted or stored, those communications should not be searched without some showing of probable cause.”
As debates continue, the SAFE Act represents a pivotal step toward balancing national security interests with Americans’ constitutional rights, with supporters urging swift passage to curb government overreach and protect individual privacy.

**Senators Lee and Durbin Introduce Bipartisan Bill to End Warrantless Surveillance of Americans**

U.S. Senators Mike Lee (R-UT) and Dick Durbin (D-IL) unveiled a significant bipartisan proposal on Monday aimed at safeguarding Americans’ privacy from warrantless government surveillance. The legislation, known as the Security and Freedom Enhancement (SAFE) Act, seeks to reform and reauthorize Section 702 of the Foreign Intelligence Surveillance Act (FISA) with critical protections for civil liberties.

“The many documented abuses under FISA should provoke outrage from anyone who values the Fourth Amendment,” Senator Lee said in a statement. He emphasized that the bill addresses widespread government overreach, including warrantless searches targeting journalists, political figures, and even sitting members of Congress.

The SAFE Act proposes to reauthorize Section 702 for two years while implementing safeguards to prevent abuse. Notably, the bill would require the government to obtain a FISA Title 1 order or a warrant before accessing the content of Americans’ communications collected under Section 702—except in exigent circumstances. It also aims to close loopholes that allow government agencies to circumvent privacy protections, such as the “data broker loophole” used to acquire location data and other sensitive information without warrants.

Additionally, the legislation would:

- Tighten the definition of Electronic Communications Service Providers (ESCP), preventing broad and unnecessary data collection from organizations that use email, voicemail, and other communication services.
- Close the Section 215 loophole, which permitted the use of certain surveillance authorities that expired in 2020.
- Increase the role of amici curiae—outside legal experts—in FISA Court proceedings to improve oversight and transparency.

Durbin stated, “Section 702 is a valuable tool to help keep our nation safe. However, it’s being used to conduct thousands of warrantless searches of Americans’ private communications, which is unacceptable.” He added that the SAFE Act strikes a necessary balance between national security and individual privacy.

Supporters from civil liberties groups and policy advocates praised the bill. Hajar Hammado, senior policy advisor at Demand Progress, said, “No government, whether run by Donald Trump and Stephen Miller or Joe Biden, should be able to snoop on your private emails and texts. The SAFE Act is a bipartisan solution to this problem, and Congress should pass it.”

While the bill enjoys broad support among civil liberties advocates, some in Congress remain divided. The White House reportedly favors a “clean” reauthorization of Section 702 without additional reforms—a stance that has frustrated conservative lawmakers, including House Speaker Mike Johnson, who sided against warrant requirements during a recent vote.

House Intelligence Committee Chairman Jim Jordan and House Judiciary Committee Chairman Jim Jordan are currently engaged in negotiations to craft a compromise that would better safeguard Americans’ privacy while maintaining the intelligence tools needed to combat foreign threats.

During a mid-February hearing, Attorney General Pam Bondi reaffirmed the Biden administration’s commitment to working with Congress on ending warrantless searches, echoing the bipartisan consensus that reforms are necessary. Rep. Andy Biggs (R-AZ) pointed out that, in January 2025, Bondi had agreed that “any time an American’s private communications are intercepted or stored, those communications should not be searched without some showing of probable cause.”

As debates continue, the SAFE Act represents a pivotal step toward balancing national security interests with Americans’ constitutional rights, with supporters urging swift passage to curb government overreach and protect individual privacy.