Americans should be able to ask for prayer, seek counsel from a pastor, or send a private message to a loved one with the expectation that those conversations will remain private. In a free country, that trust should not depend on the discretion of the government.
The Foreign Intelligence Surveillance Act is an important national security tool. It allows our intelligence agencies to monitor foreign threats overseas and identify plots before they reach American soil. But a law written to monitor foreign threats should never become a loophole for searching Americans’ private communications without a warrant.
One of the core concerns lies in the vastly expanded definition of “electronic communication service provider.” For years, the term generally referred to traditional communication providers, such as internet service providers and phone companies. But during the 2024 extension of FISA, intelligence officials sought cooperation from one specific company that they believed was outside the existing definition. Rather than adopt a narrow fix, Congress approved broader language that expanded who could be compelled to assist with surveillance collection.
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The result is chilling: now, almost any business or organization with a computer, Wi-Fi router, server, or internet connection can be forced to help the National Security Agency collect communications. That includes your local hardware store, community center — and yes, your neighborhood church.
For those of us who have pastored or worked within the church, this is deeply concerning. People come to us with their deepest pains — struggling marriages, addiction, fears about their children, and private confessions. They share prayer requests by text and email. They join online Bible studies. They use the church Wi-Fi during events. Under this expansion, all of that information could be swept up as “incidental” collection and searched later by federal agents without ever going before a judge.
Think about that for a moment.
The same government that has gone after parents speaking up at school boards, pro-life believers, and even members of Congress could now have easy access to the private communications of faithful churchgoers.
And the problem goes well beyond churches. We have already seen how the FISA surveillance system has been abused. The intelligence community weaponized it against President Donald Trump’s campaign in 2016. There have been thousands of improper searches of American citizens’ information under the law. Conservatives, people of faith, journalists, political commentators, donors to a congressional campaign, and public officials have all seen why this power must be checked.
The Fourth Amendment was written to prevent exactly this kind of overreach. Our Founders understood the danger of giving the government broad power to search through people’s lives, and they placed limits on that power.
Those limits still matter in the digital age. They matter in our homes, in our churches, and in the trusted conversations Americans believe are their own.
This is not about weakening our ability to catch terrorists. It’s about making sure a powerful tool is not turned against ordinary Americans who simply want to live by their faith.
The intelligence community is asking members of Congress to choose between keeping America safe and protecting Americans’ constitutional rights. That is not a choice we should be forced to make. We can protect Americans’ rights and keep them safe.
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Our nation is strongest when security and liberty are not treated as opposing sides. We can defend this country without weakening the Constitution that makes it worth defending.
As Congress renews this authority, it must include the protections Americans deserve.
Rep. Mark Harris (R-NC) served as a pastor for over 30 years and is a member of the House Freedom Caucus.
