702

Fourth Amendment Under Attack

Your Government Is Watching Without a Warrant.

FISA Section 702 allows the FBI to search millions of Americans' private communications — no warrant, no probable cause, no court approval. A federal judge just ruled it unconstitutional. Now it's time for Congress to act.

Contact Your Representatives Learn the Facts
0
Americans Potentially Affected
0
FBI Backdoor Searches (2021)
500
Warrants Required by Law
1978
Section 702 Expiration Year

What Is FISA Section 702?

Section 702 of the Foreign Intelligence Surveillance Act was passed to allow surveillance of foreign targets on foreign soil for national security purposes. On its face, that sounds reasonable.

The problem is what the government does next. After collecting those communications, the FBI runs "backdoor searches" — querying that database using the names, phone numbers, and email addresses of ordinary Americans — without ever getting a warrant.

You don't have to be a suspect. You don't have to have done anything wrong. If you've ever emailed, texted, or spoken with anyone abroad, your communications may be sitting in that database right now, searchable by the FBI on a whim.

This is not hypothetical. In United States v. Hasbajrami, the FBI conducted warrantless backdoor searches and then concealed those searches from the defense during trial. A federal judge called it exactly what it is: unconstitutional.

"The Government suggests that simply because their queries pertained to foreign intelligence, the Fourth Amendment is satisfied. This Court disagrees."
— Judge LaShann DeArcy Hall, E.D.N.Y., December 2024

How It Works

The Backdoor Search Pipeline

01

Foreign Target Surveillance

NSA collects foreign communications under Section 702

02

Mass Database Storage

All communications stored — including Americans'

03

Backdoor Search

FBI queries database using your name, email, phone

04

Used Against You

Evidence used in prosecution — without your knowledge

Step 1 of 4
Foreign Target Surveillance
The NSA collects communications of foreign individuals abroad under Section 702 authority — ostensibly for counterterrorism and national security. At this stage the collection is technically legal and targeted at non-US persons outside the country.

Breaking Development

A Federal Court Just Said:

"Enough." — Judge LaShann DeArcy Hall, E.D.N.Y., Dec. 2024
"The Fourth Amendment is not satisfied simply because the queries pertained to foreign intelligence." — Judge LaShann DeArcy Hall, E.D.N.Y., Dec. 2024
"The Government cannot use the foreign intelligence label as a magic wand to make the Fourth Amendment disappear." — Judge LaShann DeArcy Hall, E.D.N.Y., Dec. 2024

In December 2024, Judge LaShann DeArcy Hall of the Eastern District of New York ruled that warrantless FBI backdoor searches of Section 702 databases violate the Fourth Amendment. It was a landmark decision — and the government is fighting it.

Section 702 is set to expire in 2026. Congress must decide whether to reauthorize it — and under what conditions. This is the window. This is the moment.

Help Us Keep the Pressure On

Take Action

Three Ways to Make a Difference Today

Reform won't happen on its own. Congress responds to constituent pressure. Here's how you can directly influence the outcome of Section 702 reauthorization.

01

Call Your Representative

A 60-second phone call carries more weight than thousands of emails. Tell your House member you oppose warrantless backdoor searches and demand a warrant requirement before Section 702 is reauthorized.

Find Your Rep
02

Write to Your Senators

The Senate must vote on any FISA reauthorization. Contact both of your senators directly and demand they include meaningful warrant protections for Americans before any renewal passes.

Find Your Senators
03

Spread the Word

Most Americans have never heard of Section 702. Share this page on social media, talk to friends and family, and help us build the grassroots pressure that forces Washington to act.

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Know Your Opposition

Who Is Blocking Reform?

These are the congressional voices pushing hardest for a "clean" reauthorization of Section 702 — no warrant requirement, no new protections for Americans. They want this program renewed exactly as-is.

U.S. Senate
Sen. Mark Warner
Democrat — Virginia · Chair, Senate Intelligence Committee
"This authority is absolutely indispensable to keeping Americans safe... letting it expire would be devastating to our national security."
Led the Senate push for a clean reauthorization in 2024. Has consistently blocked warrant requirement amendments, arguing they would "handcuff" intelligence agencies.
Opposes Warrant Requirement
U.S. Senate
Sen. Chuck Schumer
Democrat — New York · Senate Minority Leader
"In the nick of time, bipartisanship has prevailed. Letting FISA expire would have been dangerous."
Orchestrated the 2024 reauthorization that stripped all privacy amendments before final passage. Declared victory as Americans' warrant protections were voted down 42–50.
Stripped Privacy Amendments
U.S. House
Rep. Jim Himes
Democrat — Connecticut · Ranking Member, House Intel Committee
"If this authority is allowed to expire, it will be devastating. It's not that I see the value in a renewal — I see the necessity."
Actively whipped votes against the warrant amendment in the House, which failed by a single tied vote (212–212). One of the most vocal opponents of any meaningful reform.
Blocked 212–212 Amendment

Sources: Congressional voting records, floor statements, and news coverage of the 2024 RISAA reauthorization debate. The 2026 reauthorization fight is ongoing — these members' positions may evolve under constituent pressure.

Find Your Representatives

Look Up Your Congress Members

Enter your ZIP code below to find your U.S. House Representative and both U.S. Senators, with direct links to their contact pages.

What to Say

Phone & Email Script

"Hello, my name is [YOUR NAME] and I'm a constituent calling from [YOUR CITY/ZIP CODE]."

"I'm calling to urge [REPRESENTATIVE'S NAME] to oppose any reauthorization of FISA Section 702 that does not include a strong warrant requirement for FBI backdoor searches of Americans' communications."

"A federal court just ruled these warrantless searches unconstitutional. Congress should not reauthorize a surveillance program that violates the Fourth Amendment. I'm asking [him/her/them] to stand up for Americans' privacy rights and demand real reform before any vote on Section 702 reauthorization."

"Thank you for your time. Can I get a confirmation that this message will be passed along to the Representative?"

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