The growing power of artificial intelligence is driving new worries among both Republicans and Democrats about government agencies’ warrantless purchases of Americans’ sensitive data. And it’s complicating efforts to renew a federal spying law before it expires — including as House GOP leaders struggle to cobble together support for passage Wednesday a clean, 18-month reauthorization, per President Donald Trump’s wishes.
The federal government has long used commercially available information bought from data brokers for national security, military operations and criminal investigations, bypassing constitutional restrictions on what kinds of information agencies can gather on Americans directly. But agencies’ surveillance capabilities were limited by the vast amount of labor and expertise required to analyze millions of data points.
Now, though, AI is eroding that barrier, making it possible to parse massive amounts of personal information with ease. That’s causing a bipartisan group of lawmakers to call for requiring agencies to get warrants before making those purchases.
“Artificial intelligence has transformed American industries for the better while enabling an unprecedented capability to glean information from private data, increasing the risk of unconstitutional government overreach,” Sen. Cynthia Lummis (R-Wyo.), a co-sponsor on the Government Surveillance Reform Act, said in a statement.
Her bill would require federal agencies to get a warrant when buying Americans’ data, and when accessing Americans’ private communications under Section 702 of the Foreign Intelligence Surveillance Act.
She and other lawmakers are also calling for Congress to insist on privacy safeguards before it reauthorizes Section 702’s surveillance capabilities, which were meant to collect data from non-U.S. citizens but have been used to investigate Americans without a warrant. The Trump administration and Speaker Mike Johnson want to reauthorize the law without changes before it expires Monday. Some lawmakers fear AI will enhance the government’s surveillance capabilities, pointing at how intelligence agencies have used Section 702’s authority to obtain data from Black Lives Matter protesters and political donors.
“Passing FISA 702 without strong new guardrails, while doing nothing to stop the government from buying Americans’ location data and feeding it into AI systems to conduct unprecedented mass surveillance, would be shocking negligence,” Sen. Ron Wyden (D-Ore.) said in a statement.
