Protect Liberty and End Warrantless Surveillance Act of 2026
Mar 5, 2026
Mar 5, 2026
Summary
Requires a warrant to search Americans' data collected for foreign spying and stops the government from buying private information from data companies.
What problem does this solve?
Government agencies can search Americans' private messages collected under foreign spy laws without a warrant. They can also buy personal data from companies to get around privacy rules. This bill closes these loopholes by requiring a warrant for these searches and making it illegal for the government to buy certain data from data brokers.
Who does this affect?
- U.S. citizens and residents
- Federal law enforcement agencies
- U.S. intelligence agencies
What does this bill do?
Reference
Text:
Section:
Sec. 101(a)
Header:
Prohibition on warrantless queries for the communications of United States persons
Requires a warrant for U.S. person searches
Forbids government officials from searching through data collected under foreign surveillance laws to find information on U.S. persons without first getting a warrant from a court.
Bans government from buying data from data brokers
Makes it illegal for law enforcement and intelligence agencies to purchase certain private records of U.S. persons, such as location data or communications, from data companies.
Reference
Text:
Section:
Sec. 104(a)
Header:
Use of amici curiae in Foreign Intelligence Surveillance Court proceedings
Strengthens court oversight
Requires the special surveillance court to appoint an outside expert in more cases to argue for privacy and civil liberties, especially when a case involves a U.S. person or a new technology.
Extends foreign surveillance authority
Continues the government's authority to conduct surveillance on foreign targets under Title VII of FISA, including the controversial Section 702, until April 20, 2028.
Reference
Text:
Section:
Sec. 101(a)
Header:
Prohibition on warrantless queries for the communications of United States persons
Limits what data can be used in court
Prevents information found through an emergency search from being used in court if the request for the search is later denied by a judge.
Reference
Text:
Section:
Sec. 206
Header:
Limits on surveillance conducted for foreign intelligence purposes
Makes surveillance laws the exclusive method
Establishes that the Foreign Intelligence Surveillance Act is the only legal way for the government to get location data, web history, and other private records for foreign intelligence purposes.
What is the real world impact?
•
Stops the government from buying its way around the fourth amendment
Makes it illegal for law enforcement and intelligence agencies to buy Americans' sensitive personal information, like location data, from data brokers. This practice is often used to bypass the need for a warrant.
•
Closes the 'backdoor search' loophole
Prevents intelligence agencies from searching through vast amounts of data collected on foreigners to find and read the private communications of Americans without getting a warrant first.
When does this start?
Most changes take effect when the bill becomes law, but some key surveillance powers and rules are set to end on specific dates in 2026 and 2028.
Expiration of foreign surveillance powers
The government's authority to conduct surveillance on foreign targets under Title VII of FISA will expire on April 20, 2028.
Reference
Text:
Section:
Sec. 102
Header:
Sunset of changes to definition of electronic communication service provider
End of new service provider rules
Changes to the definition of 'electronic communication service provider' will expire on December 31, 2026.
Reference
Text:
Section:
Sec. 103(b)
Header:
Limitation on directives under Foreign Intelligence Surveillance Act of 1978
End of limits on government directives
Limitations on government orders to certain types of service providers will expire on December 31, 2026.