Section 702 of the Foreign Intelligence Surveillance Act, known as FISA, is a valuable, important national security tool for collecting foreign intelligence. The problem is that the government is also using section 702 as a backdoor for warrantless spying on Americans here at home. FISA section 702 allows the intelligence community to collect the communications of foreigners who are overseas without a warrant. The justification for bypassing the Constitution's warrant requirement is that foreigners overseas are not protected by the Fourth Amendment. American citizens certainly are. But the government isn't just collecting the communications of foreigners; they are also collecting millions, if not billions, of communications of innocent Americans in touch with those foreigners as well. Our government then searches those private emails, phone calls, and text messages of Americans without a warrant. Congress has repeatedly failed to fix this end run around the Constitution's protection. Unsurprisingly, without court approval for such searches, the independent Privacy and Civil Liberties Oversight Board and the FISA Court have documented shocking abuses of section 702 by our government. The intelligence community has used this authority to spy on American businesses, American religious leaders, political parties, campaign donors, journalists, and protesters across the political spectrum.
On the recordApril 20, 2026
Source
govinfo.govEditor's note · Context
Discussing concerns over the misuse of FISA section 702 for warrantless surveillance of Americans.
Share
More from Dick Durbin
Aug 24, 2026
The lawmakers also emphasized that the Trump Administration’s definition of medical frailty far exceeds what is outlined in the law itself and creates additional onerous barriers for both patients and states.
Aug 15, 2026
Our state’s top-notch rail system keeps our economy moving while allowing Illinoisans to travel from Chicago to Carbondale.
Aug 26, 2026
I want to recognize the incredible partnership that made this possible: Stone Community Development Corporation, Lurie Children’s, Thresholds, and Chicago Neighborhood Initiatives.
Aug 15, 2026
Investing in our airports is laying the foundation for increased connectivity and reliability.





