The FBI Searches Americans' Data 200,000 Times a Year Without a Warrant—This Bill Would Stop It

What Section 702 Does

Section 702 of the Foreign Intelligence Surveillance Act authorizes U.S. intelligence agencies to collect the communications of foreign targets located outside the United States without individual court orders. The stated purpose is counterterrorism and foreign intelligence gathering. The problem is that when a foreign target communicates with an American, that American's data gets swept up in the collection too.

The FBI can then search this database using American names, phone numbers, and email addresses without obtaining a warrant. These are called "backdoor searches," and the FBI conducts roughly 200,000 of them per year. No judge reviews these searches beforehand. No probable cause is required. The Fourth Amendment's protection against unreasonable searches does not apply.

What the Bill Would Change

The Government Surveillance Reform Act was introduced on March 23, 2026, by Senators Ron Wyden (D-OR) and Mike Lee (R-UT), along with Representatives Zoe Lofgren (D-CA) and Warren Davidson (R-OH). It is cosponsored by Senators Elizabeth Warren and Cynthia Lummis, and Representatives Sara Jacobs and Pramila Jayapal. The bill has been endorsed by the ACLU, EFF, the Brennan Center for Justice, and more than a dozen other civil liberties organizations.

The legislation includes seven major reforms:

• Warrant requirement for backdoor searches. The FBI would need a court order based on probable cause before searching Section 702 data for information about Americans. Emergency exceptions would allow warrantless searches in imminent threat scenarios.
• Data broker loophole closure. Federal agencies would be banned from purchasing Americans' location data, browsing history, and device identifiers from commercial data brokers without a warrant.
• Repeal of the "make everyone a spy" provision. The 2024 reauthorization controversially expanded the definition of "electronic communications service provider" so broadly that landlords, data center operators, and cleaning services could theoretically be forced to assist with surveillance. This bill reverses that expansion.
• Reverse targeting prohibition. Agencies could no longer use foreign surveillance as a pretext for collecting data on Americans.
• FISA Court transparency. The secret court that approves surveillance would be required to publish redacted opinions. Court appointed advocates would gain the ability to appeal controversial rulings.
• Location and browsing data protections. Warrants would be required for location tracking, web browsing records, search history, and vehicle data surveillance.
• Oversight board restoration. The Privacy and Civil Liberties Oversight Board would be reinstated with confirmed members and mandatory audit powers.

Why It Matters Now

Section 702 expires on April 20, 2026, giving Congress less than a month to act. The White House reportedly favors a "clean extension," meaning it wants to renew the authority without any reforms. Intelligence agencies argue that adding a warrant requirement would slow down investigations and create dangerous gaps in surveillance coverage.

Civil liberties advocates counter that the FBI has repeatedly abused warrantless search authority. In 2022, a declassified FISA Court opinion revealed that FBI personnel had improperly searched Section 702 data for information about Black Lives Matter protesters, congressional campaign donors, and a sitting member of Congress. The FBI's warrantless searches of Americans' data increased 35% recently, and the agency has also been buying location data from commercial brokers to bypass warrant requirements entirely.

The Data Broker Problem

One of the bill's most significant provisions addresses the data broker loophole. Currently, intelligence and law enforcement agencies can buy detailed location data, web browsing histories, and device identifiers from commercial data brokers without a warrant. This effectively allows the government to purchase surveillance capabilities that it could not legally collect directly.

The practice has been documented extensively. ICE has used ad tech data to track people through the ads in their apps. DHS has purchased geolocation data from companies that collect it through ordinary smartphone apps. The Government Surveillance Reform Act would make these purchases illegal without a court order.

What Happens Next

The bill faces significant obstacles. The House previously rejected a similar warrant amendment by a single vote during the 2024 reauthorization debate. Intelligence agencies have significant lobbying power, and classified FISA opinions make public debate difficult since most Americans cannot see the evidence that advocates cite.

If Congress fails to pass reforms before April 20, the most likely outcome is another clean extension, preserving the status quo of warrantless searches. Senator Wyden described the bill as "the most comprehensive reform of surveillance laws in nearly half a century," but comprehensive reform is exactly what Congress has avoided doing for years.

The April 20 deadline is real. Whether Congress uses it as an opportunity for reform or simply extends the existing authority unchanged will determine whether 200,000 warrantless searches of Americans' data per year becomes the permanent standard or a practice that finally requires judicial oversight.