The debate over renewing Section 702 of the Foreign Intelligence Surveillance Act is not just a dry policy fight—it carries echoes of the government surveillance that once targeted Dr. Martin Luther King Jr. and the Southern Christian Leadership Conference, says the group's current leader.
DeMark Liggins, national president and CEO of the SCLC, warns that the same unchecked government power that infiltrated the civil rights movement is now being wielded under modern surveillance authorities. In a pointed op-ed, he argues that the legacy of that surveillance is not history—it's a live warning for lawmakers weighing reauthorization.
“We know what unchecked surveillance looks like,” Liggins writes. “We have lived through it. And we should not have to relearn those lessons again.”
The SCLC recently won a federal court victory blocking the premature unsealing of surveillance records the government collected on the organization. That case, Liggins says, underscores how the tools of the past have evolved. Under COINTELPRO, the FBI placed wiretaps on King’s home and SCLC offices, labeled the group a threat, and deployed informants. A Senate investigation later called the impact “unquestionable.”
But today’s capabilities dwarf those of the 1960s. Advances in computing, data aggregation, and artificial intelligence make it possible to collect and analyze communications at a scale that was once unimaginable. Section 702, designed to target foreign individuals abroad, inevitably sweeps up Americans’ communications. The FBI conducted tens of thousands of warrantless searches of that data in 2023 alone, and the FISA Court has found violations to be “widespread.”
“Those affected have included protesters, journalists and even elected officials,” Liggins notes, pointing to a pattern that extends far beyond national security. The government can also buy sensitive personal data from commercial brokers, bypassing constitutional protections entirely. Senator Rick Scott has demanded a FISA overhaul, citing his own experience with surveillance.
Congress extended Section 702 through April 30 after it was set to expire. Liggins calls for two specific reforms: requiring a warrant before the government can access Americans’ communications collected under the program, and closing the data broker loophole that lets agencies purchase location data, communication patterns, and digital activity without judicial oversight. The commercial data market has already sparked legal challenges, including a class action against JetBlue over alleged “surveillance pricing.”
“The ability to assemble, to organize, and to advocate has always depended on a degree of freedom from unnecessary surveillance,” Liggins writes. He warns that participation in a march or prayer meeting should not open the door to long-term tracking.
As the nation approaches its 250th anniversary, Liggins says the founding principle of restrained government power remains at stake. “When we have drifted from that principle, the consequences have been real and lasting,” he concludes. The chaotic floor schedule in Congress has repeatedly delayed action on surveillance reform.
