Stop FISA Reauthorization — Support the Fourth Amendment Restoration and Protection Act (S. 3372)

Legislation restoring Americans’ Fourth Amendment-protected rights has been introduced in Congress. Especially with the impending FISA-reauthorization debate, Congress must enact this important bill.

S. 3372, titled the “Fourth Amendment Restoration and Protection Act,” is sponsored by Senator Rand Paul (R-Ky.). If enacted, it would prohibit the federal government from conducting surveillance of American citizens, including under the Foreign Intelligence Surveillance Act (FISA).

According to Sen. Paul’s office, S. 3372 would:

• Preserve the ability of the Foreign Intelligence Surveillance Court to order surveillance of foreigners and terrorists;
• Require the government to obtain an order from traditional Article III federal courts to surveil U.S. persons by prohibiting the government from requesting an order from the FISC for surveillance, searches, and seizures relating to U.S. persons;
• Prohibit the government from conducting information queries of a U.S. person pursuant to section 702 of FISA or Executive Order 12333;
• Prohibit the government from introducing in evidence any information concerning a United States person acquired or derived from an acquisition under FISA or Executive Order 12333 but preserve the right of the defense to introduce such information as exculpatory evidence; and
• Ensure that the executive branch cannot violate constitutional rights through executive orders by mandating that statutory authorities and the Federal Rules of Criminal Procedure are the exclusive means by which searches or acquisitions shall take place if the target is a U.S. person.

S. 3372 would be a major step toward restoring Fourth Amendment protections, especially with the federal government’s rampant warrantless surveillance of Americans under FISA Section 702.

FISA was purportedly enacted to help protect against terrorist attacks, but it is rampantly being used by the government — including the FBI and NSA — to spy on American citizens in direct violation of the Fourth Amendment. For example, in 2021 alone, the FBI ran about 3 million “U.S. person queries” using Section 702. Tellingly, FBI Director Christopher Wray is vocally opposing any requirements to obtain a warrant.

Furthermore, the Foreign Intelligence Surveillance Court (FISC), which oversees requests for warrants, is well known to lack transparency and constitutional due-process protections. It also fails to hold government agencies accountable, rarely (if ever) denying surveillance requests and even colluding with the agencies it purportedly oversees.

S. 3372 would be a great first step toward restoring enforcement of the Fourth Amendment and protecting Americans from lawless government surveillance. Contact your U.S. representative and senators, and urge them to support S. 3372, the “Fourth Amendment Restoration and Protection Act.”