U.S. Senate Democratic Whip Dick Durbin, Ranking Member of the Senate Judiciary Committee, called for major reforms to Section 702 of the Foreign Intelligence Surveillance Act in a speech on the Senate floor, according to an April 28 statement. Durbin said that while Section 702 allows the government to collect communications from foreigners overseas without a warrant, it also results in large-scale collection of Americans’ private communications with people abroad.
The issue is significant because it raises concerns about privacy and civil liberties for Americans whose messages may be accessed by the government without judicial oversight. The Senate Judiciary Committee affects constitutional protections and public safety nationwide via its legislative and oversight duties, according to the official website.
Durbin, along with Senator Mike Lee, has introduced a bipartisan bill called the Security and Freedom Enhancement (SAFE) Act. He said their legislation “reflects a carefully crafted, pragmatic approach that protects national security by reauthorizing Section 702 and protects Americans’ privacy and civil liberties by enacting meaningful safeguards against warrantless surveillance and government abuses.”
In his remarks, Durbin said: “Section 702 of the Foreign Intelligence Surveillance Act, or FISA, is an important tool for gathering foreign intelligence and keeping America safe. But this authority of the government also serves as a back door for warrantless surveillance of Americans right here at home.” He criticized what he described as ongoing abuses under both Republican and Democratic administrations: “Once collected, the government can read Americans’ private text messages and emails—and even listen to phone calls—without ever obtaining a warrant from a judge... We have every reason to believe that such abuses will continue—if not get worse—under the Trump Administration as it is using every tool at its disposal to target political enemies and undermine the basic underpinnings of our democracy.”
Durbin highlighted recent increases in sensitive queries conducted by Federal Bureau of Investigation Director Kash Patel’s FBI leadership. He noted that last year saw more than 23,000 warrantless searches involving Americans’ private communications.
The proposed SAFE Act would require warrants before accessing American citizens' texts or calls collected under Section 702. "Our bill would require the government to obtain a judicial warrant before accessing American citizens’ texts, emails, or phone calls that the government has collected using Section 702," Durbin said. The bill would also stop federal agencies from buying personal data from third-party brokers without warrants—a practice reportedly used by Homeland Security.
The Senate Judiciary Committee aims to uphold constitutional standards through reviewing legislation and overseeing law enforcement activities according to its official website. It is led by a chairperson who manages meetings with senators from both parties; it influences civil rights through legislative work; it oversees judicial nominations; exerts influence on federal law nationwide; serves as one of several standing committees in Washington D.C.; all these roles are described on its official website.
Durbin concluded his remarks stating: “I will vote against any long-term extension of Section 702 that gives this administration, or any administration unfettered access to Americans’ communications without a warrant. I urge my colleagues to do the same.”
