Davidson Introduces Amendment to FISA Reauthorization to Protect Americans' Data

WASHINGTON, D.C. - Today, April 14, 2026, U.S. Representative Warren Davidson (OH-08) released the following statement after introducing an amendment to H.R. 8035 to prohibit the federal government from purchasing Americans' private information and data from third-party brokers.

"Passing a clean Section 702 reauthorization without any reforms to protect the Fourth Amendment right to privacy would be a major disservice to the American people," said Davidson. "We live in a digital age, and cell phones are now extensions of our homes; they store our personal conversations, location data, banking information, and health records. Our personal devices deserve the same constitutional protections as our homes.

Under Carpenter v. United States, the federal government is already required to obtain a warrant to access an American's location from cell carriers. But a loophole in that established law allows intelligence agencies to get that information anyway by buying it from third-party brokers that harvest data from phone apps and web activity. My amendment closes that loophole, and I look forward to a full House vote."

Read the full text of the amendment HERE.

Background:
Section 702 of the Foreign Intelligence Surveillance Act (FISA) was enacted by Congress in 2008 to permit the government to conduct surveillance of suspected foreign terrorists outside the traditional warrant requirements of FISA. However, Section 702 has strayed beyond its original intent and has been used to target political donors, journalists, political commentators, and public officials.

In March, FBI Director Kash Patel admitted that the FBI purchases commercially available data, including location data, thereby bypassing the warrant requirements established in Carpenter v. United States. Section 702 was reauthorized for 2 years in 2024 and sunsets on April 20^th absent congressional authorization.

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