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Policy & Regulation

Senators Say U.S. Warrantless Surveillance Violates Law as Court Ruling Stays Secret

Two senators say the U.S. illegally continues warrantless Section 702 surveillance and withholds a public court ruling.

AI News Feed · 2026-10-27 23:25

The report said Senators Ron Wyden of Oregon and Adam Schiff of California made the assertion in a demand letter to Director of National Intelligence Jay Clayton and Attorney General Todd Blanche. Wyden is the longest-serving member of the Senate Intelligence Committee, and Schiff formerly chaired the House Intelligence Committee.

At issue is the Foreign Intelligence Surveillance Act, or FISA, which was intended to allow interception of communications by agents of foreign powers on U.S. soil and to include safeguards for oversight. A provision known as Section 702 has also been used to intercept Americans’ communications without a warrant.

Under the law, that power is supposed to be granted by the Foreign Intelligence Surveillance Court for 12 months at a time, and decisions renewing the authorization should be made public within 180 days. The authority was last renewed in March, making the public-review deadline September 13, 9to5Mac reported. That deadline has passed without the ruling being released.

The report said the surveillance court objected seven months ago to search filters that allowed intelligence analysts to pull Americans’ messages from intercepted data without the approvals, written justifications or records required by law. The court nevertheless approved another year of surveillance. The ruling has never been made public, and the two senators say the administration’s own deadline for releasing it passed in September.

“If this administration won’t follow this simple statutory directive,” the senators wrote, according to the letter obtained by Wired and cited by 9to5Mac, “it is unclear why Congress or the American people should trust this administration to follow any of the other legal limits to Section 702.”

The report also said additional oversight, including internal auditing within the FBI, has been abandoned, and that it is no longer possible to track how many times search filters have been used to restrict electronic surveillance to U.S. citizens.