Action Alert: Unconstitutional Warrantless Backdoor Searches on Americans!

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(posted June 7, 2025 on SecureArkansas.com) .

Are you aware that the FBI, CIA, and NSA are using Section 702 data
to investigate Americans without a warrant?

This violates our Fourth Amendment’s protection
against unreasonable searches and seizures.

Unconstitutional Warrantless Backdoor Searches are currently happening in our government.

Therefore, we are looking to the 119th Congress (2025 – 2026) to pass a warrant requirement for Section 702 of FISA.

Let’s keep our Bill of Rights intact!

Can we count on you to contact both the House & Senate Committee on Intelligence about this soon? See below.

Section 702 of the Foreign Intelligence Surveillance Act (FISA) of 1978, enacted as part of the 2008 FISA Amendments Act, authorizes warrantless surveillance of non-U.S. citizens located outside the United States for foreign intelligence purposes. However, it has become controversial due to how it can also implicate Americans’ communications, such as emails, text messages, and other data.

Do you remember when FISA was abused when they came after President Trump?

Section 702 (50 U.S.C. § 1881a) was supposed to target foreign nationals, but the surveillance can inadvertently capture communications involving U.S. citizens which can lead to unconstitutional backdoor searches. Agencies like the FBI have conducted searches of this incidentally collected data to find information about U.S. persons without obtaining a warrant.

Looking at the numbers in a 2021 Director of National Intelligence DNI report, we see that the FBI conducted up to 3.4 million searches of Americans’ communications that year. That’s MILLIONS of people affected in 2021 alone. And once the information is captured, it’s retained! The DNI was designed to unify and coordinate what the PATRIOT Act had expanded … surveillance and intelligence gathering.

The PATRIOT Act enabled:

Roving wiretaps (Section 206)
“Sneak and peek” searches (Section 213)
Access to business records under Section 215
Expanded information sharing between law enforcement and intelligence agencies

So, DNI authority overlaps with PATRIOT Act-era surveillance powers.

Pay Attention! Remember, Edward Snowden’s 2013 revelations exposed a vast, secret surveillance apparatus operated by the U.S. government AND directly tied together the NSA, FISA Section 702, the PATRIOT Act, and oversight roles involving the DNI. James Clapper was DNI at that time and came under fire for giving misleading testimony to Congress, denying the mass collection of Americans’ data.

In April 2024, Congress reauthorized Section 702 for two years, and its expiration is set for April 2026, but in 2024 there were bipartisan opposition and concerns about warrantless surveillance that was occurring. Also, proposals for reforms requiring warrants for U.S. person queries (searches) failed to pass in the final version of the bill. According to the Hill, this ended up being a tied vote, 212-212, so unfortunately, the warrant requirement was not adopted in the House.

So, as of now, the FBI and other agencies may continue to query/ search 702 data for U.S. persons without a court warrant, under “so-called” internal guidelines and oversight.

In January 2025, a landmark ruling by the U.S. District Court for the Eastern District of New York found that the FBI’s warrantless searches of Americans’ communications collected under Section 702 violated the Fourth Amendment. The case, United States v. Hasbajrami, highlighted the constitutional issues surrounding backdoor searches.

Here’s what U.S. Rep. Jim Jordan had to say, “We can deal with foreign threats without violating Americans’ rights.”

We can see that expansions of government surveillance powers have gotten out of hand! Covert actions must be brought under control, and the FBI needs to start with reform. Kash Patel, the new FBI director has acknowledged past abuses of Section 702 authority but emphasized that the issue lies with individuals who have misused the system rather than the statute itself. Sorry, Mr. Patel, but Americans are demanding for our Fourth Amendment Rights to be applied at all times, in every case, because the Fourth Amendment protects us against unreasonable searches and seizures. So, without that amendment, Americans will NOT have proper constitutional rights that grant us true liberty.

Surely we know that the government’s surveillance power will always be subject to abuse UNLESS a warrant is required. The fundamental role of warrants puts a check on government power, especially in this dreaded race for technological advancements.

Reform to FISA surveillance is desperately needed, so if you believe we should balance national security interests with the constitutional rights of U.S. citizens, let’s take action IMMEDIATELY and see that a warrant requirement is passed:

Agencies should obtain a warrant before searching for U.S. persons’ communications within Section 702 data.
Mechanisms for oversight need improving, and there needs to be MORE transparency regarding the use and scope of Section 702 surveillance. Safeguards have been abandoned! Executive Order 12333 opened up and started the expansion of government surveillance. See Executive Order: The Spy Power Too Big for Any Legal Limits.
702 data can expand to biometric surveillance like facial recognition, so the data broker loophole MUST be closed, and that includes facial recognition data. Mark Lerner of the Constitutional Alliance said,

“There’s little point in passing a warrant requirement if federal agencies can simply route around it by purchasing data sets without a warrant that give comprehensive information on U.S. persons. The solution is a measure called the “Fourth Amendment Is Not For Sale Act”, which the House already passed last year, but which the Senate did not take up before the Congressional session ended. Recently, the state of Montana also passed this bill, with strong bipartisan majorities and the Governor’s support.”
Also, fix the “make everyone a spy” ECSP Expansion created last year; best fixed in this year’s Intelligence Authorization Act. This was the worst of the expansions to government surveillance powers. It allows the government to secretly compel an enormous range of U.S. businesses, organizations, and individuals to assist NSA in conducting Section 702 surveillance, requiring access to their phones, computers, wifi routers, and other communications equipment through which emails, texts and phone calls are transmitted between Americans and non-Americans overseas.

So, Americans’ facial data can be incidentally collected and later searched without a warrant. If no warrant is required, the FBI can run facial searches of U.S. citizens using photos in FISA/702 data.

The malevolent process of biometric data collection is expanding rapidly with minimal public transparency, dear readers.

Many states are seeing the dangers and are now enacting facial recognition laws. Last year, Maryland and Utah passed state laws requiring warrants for facial recognition.

Arkansans, please take note: three of our congressional crew (highlighted in orange below) are involved in these Intelligence Committees, so let’s keep a close eye on them and see how constitutional this turns out to be in the near future! They must be contacted quickly.

PROTECT THE FOURTH AMENDMENT!

You can follow the Senate here, so check in with them from time to time and follow their bills. Or follow senate.gov here.

Please help contact the federal politicians below:

The Director of National Intelligence (DNI), Tulsi Gabbard, is chief of all 17 intelligence agencies, and she leads the U.S. Intelligence Community and acts as the principal intelligence advisor to the President, the National Security Council, and the Homeland Security Council. We are counting on her to uphold our Fourth Amendment Rights and ensure compliance with privacy for all Americans. It’s for our safety and our freedoms!

(703) 275-3807 or in Honolulu (808) 861-0793

Or contact her via email here: DNI-NSP-PrivateSector-Info@dni.gov

House Permanent Select Committee on Intelligence (HPSCI) intelligence.house.gov HPSIC Members

— This Committee oversees the U.S. Intelligence Community.

The Subcommittees include:

Central Intelligence Agency
Defense Intelligence and Overhead Architecture
National Intelligence Enterprise
National Security Agency and Cyber
Oversight and Investigations

Chairman: U.S. Rep. Rick Crawford (R-ARK) – crawford.house.gov

DC Office – (202) 225-4076
Jonesboro Office – (870) 203-0540
Cabot Office 501-843-3043
Dumas Office 870-377-5571
Mountain Home Office 870-424-2075

Ranking Member: U.S. Rep. Jim Himes (D-CT) – (202) 225-5541 – himes.house.gov

Republican Members:

U.S. Rep. Trent Kelly (MS) – Vice Chair – (202) 225-4306 – kelly.house.gov
U.S. Rep. Darin LaHood (IL) – (202) 225-6201 – lahood.house.gov
U.S. Rep. Brian Fitzpatrick (PA) – (202) 225-4276 – fitzpatrick.house.gov
U.S. Rep. Austin Scott (GA) – (202) 225-6531 – austinscott.house.gov
U.S. Rep. French Hill (ARK) – (202) 225-2506 – hill.house.gov
U.S. Rep. Dan Crenshaw (TX) – (202) 225-6565 – crenshaw.house.gov
U.S. Rep. Ronny Jackson (TX) – (202) 225-3706 – jackson.house.gov
U.S. Rep. Scott Perry (PA) – (202) 225-5836 – perry.house.gov
U.S. Rep. Ann Wagner (MO) – (202) 225-1621 – wagner.house.gov
U.S. Rep. Ben Cline (VA) – (202) 225-5431 – cline.house.gov
U.S. Rep. Greg Steube (FL) – (202) 225-5792 – steube.house.gov
U.S. Rep. Claudia Tenney (NY) – (202) 225-3665 – tenney.house.gov
U.S. Rep. Pat Fallon (TX) – (202) 225-6673 – fallon.house.gov

Democrat Members:

U.S. Rep. André Carson (IN) – (202) 225-4011 – carson.house.gov
U.S. Rep. Joaquin Castro (TX) – (202) 225-3236 – castro.house.gov
U.S. Rep. Raja Krishnamoorthi (IL) – (202) 225-3711 – krishnamoorthi.house.gov
U.S. Rep. Jason Crow (CO) – (202) 225-7882 – crow.house.gov
U.S. Rep. Ami Bera (CA) – (202) 225-5716 – bera.house.gov
U.S. Rep. Stacey Plaskett (U.S. Virgin Islands) – (202) 225-1790 – plaskett.house.gov
U.S. Rep. Josh Gottheimer (NJ) – (202) 225-4465 – gottheimer.house.gov
U.S. Rep. Jimmy Gomez (CA) – (202) 225-6235 – gomez.house.gov
U.S. Rep. Chrissy Houlahan (PA) – (202) 225-4315 – houlahan.house.gov
U.S. Rep. Mike Quigley (IL) – (202) 225-4061 – quigley.house.gov

Senate Select Committee on Intelligence (SSCI) intelligence.senate.gov

— This Committee oversees the U.S. Intelligence Community, including agencies like the CIA, NSA, and DIA.

Chairman: U.S. Sen. Tom Cotton (R-ARK) – cotton.senate.gov

D.C. Office (202) 224-2353
Little Rock Office (501) 223-9081
Jonesboro Office (870) 933-6223
Rogers Office (479) 751-0879
El Dorado Office (870) 864-8582

Vice Chairman: U.S. Sen. Mark Warner (D-VA) – (202) 224-2023 – warner.senate.gov

Republican Members:

U.S. Sen. James Risch (ID) – (202) 224-2752 – risch.senate.gov
U.S. Sen. Susan Collins (ME) – (202) 224-2523 – collins.senate.gov
U.S. Sen. John Cornyn (TX) – (202) 224-2934 – cornyn.senate.gov
U.S. Sen. Jerry Moran (KS) – (202) 224-6521- moran.senate.gov
U.S. Sen. James Lankford (OK) – (202) 224-5754 – lankford.senate.gov
U.S. Sen. Mike Rounds (SD) – (202) 224-5842 – rounds.senate.gov
U.S. Sen. Todd Young (IN) – (202) 224-5623 – young.senate.gov
U.S. Sen. Ted Budd (NC) – (202) 224-6342 – budd.senate.gov
U.S. Sen. John Thune (SD) – Ex Officio – (202) 224-2321 – thune.senate.gov
U.S. Sen. Roger Wicker (MS) – Ex Officio – (202) 224-6253 – wicker.senate.gov

Democrat Members:

U.S. Sen. Ron Wyden (OR) – (202) 224-5244 – wyden.senate.gov
U.S. Sen. Martin Heinrich (NM) – (202) 224-5521 – heinrich.senate.gov
U.S. Sen. Angus King (ME) – (202) 224-5344 – king.senate.gov
U.S. Sen. Michael Bennet (CO) – (202) 224-5852 – bennet.senate.gov
U.S. Sen. Kirsten Gillibrand (NY) – (202) 224-4451 – gillibrand.senate.gov
U.S. Sen. Jon Ossoff (GA) – (202) 224-3521 – ossoff.senate.gov
U.S. Sen. Mark Kelly (AZ) – (202) 224-2435 – kelly.senate.gov
U.S. Sen. Jack Reed (RI) – Ex Officio – (202) 224-4642 – reed.senate.gov
U.S. Sen. Chuck Schumer (NY) – Ex Officio – (202) 224-6542 – schumer.senate.gov

Stay tuned; there’s a lot more to come…

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