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Roanoke Congressman Ben Cline questions warrantless surveillance authority during D.C. hearing.
ROANOKE, Va. — Congressman Ben Cline is raising concerns about how federal agencies collect and use data from Americans without a warrant under existing surveillance laws.
During a recent U.S. House Judiciary Committee hearing, Cline pressed legal and policy experts on the continued use of Section 702 of the Foreign Intelligence Surveillance Act (FISA). That law allows intelligence agencies to monitor foreign nationals, but it frequently captures Americans’ communications incidentally—raising Fourth Amendment concerns when law enforcement later accesses those records.
“We collect all this incidental information,” Cline said. “You should have a warrant to search it.”
That comment came in exchange with Phil Kiko, former chief counsel for the House Judiciary Committee. Kiko replied that requiring a warrant does not present a national security risk—a point that appeared to align with Cline’s civil liberties argument.
In a separate exchange, Cline asked tech policy expert James Czerniawski of Americans for Prosperity whether warrantless queries are justified in domestic criminal cases.
“That weapon is being turned inward,” Czerniawski responded, warning that surveillance tools meant to monitor foreign threats are now being used “to spy on [Americans] when they’ve not necessarily done anything wrong.”
The American Civil Liberties Union (ACLU) also testified at the hearing, referencing an ongoing legal battle challenging the constitutionality of such queries. ACLU representatives reiterated their longstanding opposition to the Section 702 program and warned that its misuse continues to undermine trust in democratic institutions.
The Judiciary Committee held the hearing just before the April congressional recess as lawmakers consider potential reforms ahead of the program’s reauthorization deadline.
Cline represents Virginia’s 6th Congressional District, which includes Roanoke and much of the Shenandoah Valley.
