SAFE Act

Key Points

• The bill requires the FBI and other agencies to get a warrant or court order before accessing Americans' private communications collected under Section 702 foreign surveillance, with limited exceptions for emergencies, consent, and cybersecurity defense. This is a major shift from current practice where the FBI can query this data without a warrant.
• The bill closes a 'data broker loophole' by prohibiting intelligence agencies and law enforcement from purchasing Americans' personal data from private companies without a court order, with narrow exceptions for employment, background checks, emergencies, and consent.
• The FISA Court gets more independent oversight through expanded use of amicus curiae (independent legal experts) in cases involving novel legal questions, First Amendment concerns, sensitive investigative matters, new technology, and civil liberties issues. Amici can now raise issues on their own and seek review of court decisions.
• The bill creates criminal penalties for officials who lie to or mislead the FISA Court, and establishes escalating disciplinary consequences for FBI employees who violate surveillance query rules, including suspension of access, reassignment, and referral for investigation.
• Section 702 surveillance authorities would be extended through April 20, 2028, but only with the new privacy and oversight reforms in place. The bill also sunsets the expanded definition of 'electronic communication service provider' on December 31, 2026, limiting which entities can be compelled to assist with surveillance.
• The bill bans 'parallel construction' — the practice of using surveillance-obtained information while hiding its origin by recreating it through other investigative means. It also requires all FISA applications to include exculpatory information and mandates accuracy certification procedures.

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