United States of America: Introduced Security And Freedom Enhancement Act of 2024 (SAFE Act/SB 3961)

On 14 March 2024, the Security And Freedom Enhancement Act of 2024 (SAFE Act/SB 3961) was introduced to the United States Senate. The Act reforms Section 702 of the Foreign Intelligence Surveillance Act of 1978, introducing measures to prevent its abuse. It requires intelligence agencies to obtain a court order or warrant before accessing the contents of Americans' communications collected under Section 702. The Act also targets the "data broker loophole" by prohibiting intelligence and law enforcement agencies from purchasing Americans' sensitive data without a warrant, subject to certain exceptions and minimisation procedures for incidentally collected data. It specifies the conditions under which government officials must obtain a warrant or court order to access content, with exceptions for exigent circumstances, consent, or investigations of cyberattacks. In addition, the Act mandates periodic audits, establishes criminal penalties for FISA violations, and increases civil damages for individuals harmed by FISA violations. It also proposes reforms to the Foreign Intelligence Surveillance Court (FISC) process, enhances the role of court-appointed amici curiae, and requires timely declassification of significant FISC decisions. Finally, it requires the Director of National Intelligence to submit detailed annual reports to Congress and the public on the use of Section 702 and interactions with data brokers.