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Sunday, April 28, 2024

LEE, DURBIN INTRODUCE BIPARTISAN SAFE ACT TO REFORM FISA SECTION 702

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Sen. Mike Lee, U.S. Senator for Utah | Official U.S. Senate headshot

Sen. Mike Lee, U.S. Senator for Utah | Official U.S. Senate headshot

Senators Mike Lee and Dick Durbin have introduced the bipartisan Security and Freedom Enhancement (SAFE) Act, a bill aimed at protecting Americans from foreign threats and warrantless government surveillance. The legislation seeks to strike a balance between national security and individual privacy rights.

Senator Lee expressed his concerns about the abuses under FISA, stating, "The documented abuses under FISA should provoke outrage from anyone who values the Fourth Amendment Rights of American citizens." He emphasized the importance of upholding the Fourth Amendment and restoring trust in the government's commitment to safeguarding Americans' rights under the Constitution.

Senator Durbin highlighted the need for reforms, pointing out that despite compliance measures, the FBI conducted over 200,000 warrantless searches of Americans' communications in just one year. He stated, "Our bipartisan legislation—the SAFE Act—is a sensible, bipartisan path forward on reauthorizing Section 702 with meaningful reforms."

The SAFE Act includes key safeguards and reforms to ensure that surveillance authorities are used appropriately and respect Americans' privacy and civil liberties. These measures require intelligence agencies to obtain a warrant before accessing the contents of Americans' communications collected under Section 702, with exceptions for specific circumstances.

Additionally, the legislation closes the "data broker loophole" that allows agencies to purchase Americans' sensitive information, such as location history, circumventing privacy protections. The bill also enhances accountability and oversight by bolstering the role of amici curiae in evaluating arguments presented to the FISA Court and implementing additional layers of internal supervision for U.S. person queries.

The bipartisan nature of the bill is evident through its cosponsors, including Senators Steve Daines, Cynthia Lummis, Martin Heinrich, Mazie Hirono, Tammy Baldwin, Ron Wyden, and Elizabeth Warren. The SAFE Act aims to address concerns surrounding Section 702 of FISA while balancing national security interests with the protection of Americans' constitutional rights.

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