SouthernWorldwide.com – The founding generation of America did not take up arms solely over unjust taxation. They understood that surrendering their rights to the government in exchange for security was a poor trade. They believed that risking death to live freely was preferable to living under tyranny.
They fought against unchecked tyranny that originated across the ocean. The Crown had spies in their taverns, rifled through their private papers without justification, and intercepted their personal correspondence.
Today, unelected deep-state bureaucrats are acting like kings, prioritizing their own interests over American liberty.
The “Foreign Intelligence Surveillance Act” (FISA) has devolved into a modern version of the general warrants and writs of assistance that sparked the American Revolution. Initially created as a tool to track foreign threats, FISA has transformed into a domestic surveillance apparatus. It sweeps up the communications of Americans, operates behind the veil of secret courts, and treats the Fourth Amendment as an obstacle rather than the supreme law of the land.
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The rattlesnake on the Gadsden flag is issuing a new warning: Don’t Spy on Me.
On June 12, members of Congress will face another deadline to renew a crucial FISA authority, Section 702. The intelligence community is pushing for a “clean” reauthorization, meaning without any changes to its unconstitutional framework. However, the American people expect their representatives to reassert American liberty. This is why some members of the House Freedom Caucus and the Senate Steering Committee have made it clear that meaningful reforms are the only path to a long-term extension of this authority.
This stance is not a rejection of national security. It is a refusal to sacrifice American liberty on the altar of unchecked power.
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A good starting point would be to address the expanded definition of “electronic communication service provider.” Two years ago, the government broadened its surveillance capabilities to encompass everyday Americans. Intelligence officials initially sought access to a single specific company. Instead, they pushed through broad language that now allows the National Security Agency (NSA) to compel any U.S. business or organization with a computer, router, or server to hand over communications. This includes your local hardware store, community center, and even your neighborhood church.
This is not incidental collection. It represents an expansion of government reach, increasing the volume of Americans’ communications available for capture and the potential for abuse. Former Senate Intelligence Committee Chairman Mark Warner, a Democrat, acknowledged the domestic surveillance infrastructure on the Senate floor and promised a fix, but Congress has yet to deliver. This situation must be rectified.
Next, we should lift the secrecy that enables current FISA problems. Federal prosecutors routinely impose indefinite non-disclosure orders on telecom companies, preventing the public from understanding the extent of their domestic espionage operations. The “NDO Fairness Act” would introduce judicial review and time limits on these gag orders. Americans have a right to know when their data is being sought, particularly in cases not related to national security.
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The American people also expect action to stop federal agencies from circumventing constitutional protections by purchasing Americans’ data from commercial brokers. This data includes geolocation information, communication metadata, and browsing history. If government officials need this information, they should seek a warrant from a judge. The fact that this practice has become normalized does not make it acceptable. We can and must close this loophole.
However, the most concerning issue is the millions of “backdoor” queries of Americans’ communications conducted without warrants. In 2021, under the Biden administration, there were nearly 3 million warrantless searches of Americans’ data collected under Section 702, with 278,000 of those conducted improperly. Despite this, not a single individual has been held accountable.
While our government should monitor foreign adversaries seeking to harm our nation, searches of U.S. persons’ data on American soil should adhere to the constitutional requirements of probable cause and a warrant from a court, with limited exceptions for imminent threats.
When the Constitution was drafted, no one could have foreseen the digital future that the country would lead. However, the underlying principles remain unchanged. If a warrant was necessary to intercept a letter carried by a courier or to enter a home in the 18th century, what makes an email or a smartphone fair game today? Technology evolves, but the Constitution endures.
As June 12 approaches, Congress must reject another perfunctory renewal. The rattlesnake is rattling, its warning clear. The American people expect us to fix this.
Republican Rick Scott represents Florida in the United States Senate. He is a former Florida governor.
Republican Keith Self represents Texas’s 3rd congressional district in the United States House of Representatives
