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Expert Pushes Back on Claims that Warrant for FISA Section 702 Searches of Americans ‘Unworkable’

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Speaker Mike Johnson and the push for a clean reauthorization of FISA Section 702 without warrant requirements for Americans’ communications has hit a snag, with civil liberties experts firing back that the unworkable excuse is just that—an excuse. Proponents claim querying U.S. persons’ data incidentally collected under 702’s foreign surveillance umbrella would cripple national security ops, but this expert counters that tech exists, precedents are there, and the sky won’t fall if we demand judicial oversight. It’s a classic D.C. turf war: intel agencies hoarding their dragnet powers versus privacy hawks insisting on Fourth Amendment basics.

Zooming out, this isn’t some abstract spy novel plot—FISA 702 has ballooned into a domestic backdoor for rummaging through Americans’ texts, calls, and emails without a peep of probable cause. Back in 2021, the ODNI admitted to over 3.4 million warrantless U.S. person queries, up from prior years, often justified as counterterrorism but ripe for mission creep into political surveillance. We’ve seen it before: Crossfire Hurricane’s abuse of FISA on Trump associates, or the NSA’s LOVEINT scandals where agents spied on lovers and rivals. For the 2A community, the red flags are glaring—gun owners are already political targets, flagged in ATF’s unconstitutional pistol brace registry and UTR data grabs. Imagine FISA queries cross-referenced with NICS denials or social media posts about AR-15s; it’s a surveillance shortcut to no-knock raids and red flag seizures without due process.

The implications? A clean reauth greenlights endless warrantless fishing expeditions that could ensnare 2A advocates in the net, eroding the privacy bulwark we need to exercise rights like anonymous purchases or encrypted comms for range meetups. This expert’s pushback is a lifeline—demand warrants, or watch FISA morph into the ultimate pre-crime tool against patriots. 2A warriors, this is your fight too: rally behind reforms, contact your reps, and keep the pressure on. Unworkable? Only if you hate accountability.

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