U.S. Senator Mike Lee (R-Utah) published a bipartisan op-ed in The New York Times on Apr. 17, calling for stronger protections against warrantless searches of Americans’ private digital data by the federal government. The piece, co-authored with Senator Dick Durbin (D-Ill.), advocates for the passage of the Security and Freedom Enhancement (SAFE) Act to reform Section 702 of the Foreign Intelligence Surveillance Act.
The senators say their proposed legislation is necessary to address what they describe as widespread abuse of FISA statutes that has resulted in violations of innocent Americans’ rights without warrants. In their op-ed, Lee and Durbin write, “We write as Senators with opposing views on many issues. One of us is a longtime Democrat, the other a conservative Republican. But today, we join together to call on our congressional colleagues to safeguard the American people from warrantless government surveillance.”
The SAFE Act would require government agencies to obtain either a FISA Title I order or a warrant before accessing content from communications collected under Section 702 when it involves U.S. persons. The bill includes exceptions for exigent circumstances, consent by subjects of searches, and cybersecurity-related investigations so that national security needs can still be met without compromising civil liberties.
Lee and Durbin said their proposal offers “a bipartisan solution” that balances national security with privacy rights: “We owe it to the American people to meet this moment and do our jobs to protect both national security and civil liberties. Our bill offers a bipartisan solution to do just that.” Other provisions in the SAFE Act aim to strengthen oversight through increased involvement by amici curiae in FISA Court proceedings, impose additional internal supervision over queries involving U.S. persons, close loopholes allowing agencies to purchase sensitive data from brokers without proper safeguards, revise definitions affecting electronic communication service providers, and end continued use of expired surveillance authorities.
According to the official website, Lee has championed constitutional principles and individual liberty during his tenure as senator for Utah and serves on several committees focused on these issues. He promotes limited government and free markets as part of his platform. The website also notes that he clerked for Supreme Court Justice Samuel A. Alito Jr., holds degrees from Brigham Young University in political science and law, grew up in Provo as a fourth-generation Utahn—the son of legal scholar Rex E. Lee—and maintains an emphasis on constitutional values throughout his career.
As lawmakers continue debate over surveillance reform measures like those proposed in the SAFE Act, observers will watch closely how Congress addresses concerns about balancing privacy rights with national security.
