April 10, 2024
Washington, D.C.
Conservatives strongly support requiring the federal government to obtain a warrant prior to conducting queries of American citizens whose information has been collected through Section 702 of the Foreign Intelligence Surveillance Act (FISA). The addition of this requirement is a vitally important and necessary step toward rectifying the rampant and widespread abuses of the nation’s surveillance powers.
The improper use of Section 702 authorities by the intelligence agencies has been well documented. What was envisioned as a counterterrorism tool directed at foreigners has been turned on Americans in countless ways: over 278,000 improper searches of Americans’ phone calls, texts, and emails using Section 702 authorities were carried out by the FBI in 2020 and 2021. These include illegal queries of a member of Congress, a United States Senator, elected state officials, donors to congressional campaigns, protestors at various political rallies, and personal searches undertaken on an individual that an NSA analyst was dating.
Failing to structurally change FISA in the face of these scandals would be a consequential missed opportunity for a Republican House majority. Simply hoping that the FBI abides by new reforms is not enough. These searches were already illegal, yet analysts engaged them anyway. The only way to force the FBI into compliance with U.S. law and the Constitutional rights of Americans is to require their observance of a court order or a warrant – while making room for the proper and narrow exceptions to protect the national security of Americans, including against timely and imminent threats.
The FBI has proven that if given even a small degree of latitude, they will make an end run around the Fourth Amendment rights of Americans. In a free society, this cannot and must not be tolerated.
A warrant requirement with narrow exceptions for national security purposes is the only way to prevent the abuses the FBI has already engaged in, and which they will continue to engage in if not restrained by the legislature. We strongly support the inclusion of this requirement and urge all conservatives to support it.
