A warrantless wiretapping authority that has facilitated surveillance for decades is facing reform in Congress. Section 702 of the Foreign Intelligence Surveillance Act (FISA), last reauthorized in 2024, is set to expire on April 20th. A bipartisan coalition wants to change that, but powerful figures seek a “clean” reauthorization.

First enacted in 2008, Section 702 allows federal agents to spy on Americans through the backdoor search loophole. Critics are concerned as it permitted the FBI to spy on members of Congress, campaign donors, and journalists from 2018 to 2020.

With Trump's administration claiming FISA is essential for military operations in Iran, libertarians like those in the Freedom Caucus oppose it due to Fourth Amendment violations. Rep. Jamie Raskin (D-MD) opposes a clean extension, warning of Trump’s potential abuse of this authority.

The Government Surveillance Reform Act seeks to rein in federal government spying capabilities under Section 702 by requiring warrants for accessing Americans' communications and prohibiting the purchase of their data without a warrant. The bill has bipartisan support but needs Democrats to back it.