A bipartisan group of senators is sounding the alarm about privacy concerns related to artificial intelligence (AI), warning that without proper updates to the Foreign Intelligence Surveillance Act (FISA), mass surveillance of Americans could become a reality.
According to reports, efforts to renew this federal surveillance law have hit a snag, as House Republican leaders are working hard to gather enough support for a straightforward 18-month extension that aligns with demands from President Donald Trump and House Speaker Mike Johnson. They seek to reauthorize the law without amendments ahead of Monday’s deadline.
The escalating capabilities of AI are causing worry among both parties regarding the unauthorized acquisition of sensitive information about Americans by government agencies. It’s a significant issue, particularly since commercial data bought from brokers is being used in criminal investigations, military operations, and national security efforts—essentially bypassing constitutional limits.
Where once government surveillance was restricted by the human effort needed to process large data sets, AI facilitates the analysis of millions of data points much more efficiently. In response, a coalition of lawmakers is advocating for warrant requirements prior to any data purchases by government bodies.
“While AI has undeniably changed American industries for the better, it has also created an unprecedented capacity for gathering personal information, consequently heightening the risk of unconstitutional overreach by the government,” noted Senator Cynthia Lummis from Wyoming.
The proposed legislation from Republican Senator Mike Lee of Utah seeks to compel federal agencies to secure a warrant before acquiring Americans’ data or accessing personal communications under Section 702 of FISA.
Lee emphasized that Congress should resist authorizing surveillance powers that allow for warrantless searches and bulk data acquisitions, calling for necessary reforms to safeguard Americans’ Fourth Amendment rights. “We cannot simply approve Deep State spying on Americans through unwarranted searches or by letting the government buy mass data from companies. The Fourth Amendment clearly protects against unreasonable searches,” he argued.
Lummis, alongside other legislators, is urging Congress to include stronger privacy protections before updating Section 702. Initially designed to monitor non-U.S. citizens, the program has been used to scrutinize Americans’ data without warrants.
Some lawmakers, including Representative Thomas Massie, have voiced that they will oppose any reauthorization of FISA 702 unless it incorporates warrant provisions and additional reforms to enhance privacy for American citizens.
There are mounting concerns among lawmakers that advancements in AI could worsen government surveillance, reflecting on previous instances where Section 702 was used to gather data related to Black Lives Matter protests and political donors. FISA was previously utilized to monitor the Trump campaign in 2016.
Senator Ron Wyden from Oregon criticized the bill for its negligence in allowing it to pass without additional protections, stating that failing to curb the government’s acquisition of Americans’ data is a significant oversight. “It would be outrageous to pass FISA 702 without implementing strong new guardrails, as this would do nothing to stop the government from buying location data on Americans and feeding it into AI systems for mass surveillance,” he commented.
The inquiries made to Lummis and Wyden did not receive responses in time for this article’s publication.
