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Oct 8, 2025  |  
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Ron Yokubaitis, opinion contributor


NextImg:Mitts off my bits: Rein in warrantless surveillance 

For decades, I have fought for a freer, more private internet. As a Texan, a father, and an internet entrepreneur, I have always believed that digital rights are property rights. Your data isn’t just metadata — it’s your personal property. You created it, and it has value. And right now, that value is being seized, mined, and sold without your consent by both big tech and big government.

Soon, Congress will once again debate whether to reauthorize Section 702 of the Foreign Intelligence Surveillance Act — a law that was supposed to target foreign threats but has become a domestic dragnet. And I’m here to say that enough is enough. Lawmakers need to keep their mitts off our bits.

This is not a partisan issue. It’s a constitutional issue. The Fourth Amendment doesn’t say “except when it’s digital.” It doesn’t say “unless you’re using Google.” It says the government must get a warrant — period. And yet, under Section 702, federal agencies like the National Security Agency, FBI and CIA can access Americans’ private emails, messages and cloud data — all without a warrant, and often without us ever knowing. 

Although Section 702 is meant for foreign targets, it routinely captures Americans’ communications — and querying that data without a warrant is a loophole that undermines our Fourth Amendment rights.

They claim it’s for national security. But the facts tell a different story. Just last year, it was revealed that the FBI misused Section 702 more than 278,000 times — accessing Americans’ communications without a warrant. Officials may argue that Americans aren’t “targets” in the technical sense when their emails or texts are swept up through foreign surveillance, but the reality is that once the government searches that database for U.S. citizens, our private communications have effectively become the focus.  

In Carpenter v. United States, the Supreme Court ruled that accessing cell phone location data without a warrant violates the Fourth Amendment — a precedent that should apply to all digital surveillance.

Some in Washington have had enough. Sen. Rand Paul (R-Ky.) has called for a complete end to warrantless surveillance under the Section 702 of the Foreign Intelligence Surveillance Act. My congressman, Chip Roy (R-Texas), helped lead the charge to block a “clean” reauthorization earlier this year, demanding reforms that would finally require the government to ask a judge for permission — just like any other law enforcement body must do if it wants to enter your home. 

They are right to draw a line. The rest of Congress should follow their lead. 

This is personal for me. My family has run internet companies for over 30 years, including Texas.net, Data Foundry, GigaNews, and Golden Frog. We have seen firsthand how broken our laws are. We’ve built virtual private networks so Americans can reclaim a sliver of control over their own information. And we’ve spent countless hours talking to lawmakers — helping them better understand how the internet works and why surveillance policies must evolve to protect innovation, jobs and basic freedoms. 

We need a different model. One that treats data as personal property. One that ensures due process and just compensation if the government wants to use it. And one that finally ends the abusive backdoors and secret searches that have defined the digital age. 

The good news? We have a chance for change right now. Congress doesn’t need to rubber-stamp Section 702 again. They can fix it — or better yet, let it sunset until we have meaningful reform. 

So, here’s my message to lawmakers: Do your job. Defend the Constitution. Don’t let fear, lobbyists, or three-letter agencies bully you into surrendering our rights. Privacy isn’t a privilege for the elite. It’s a birthright for every American. 

And here’s my message to every voter reading this: Pay attention. Ask your representatives where they stand. Ask them if they think your emails, texts and cloud backups deserve a warrant before your privacy is invaded. 

It’s time to stop the digital looting. It’s time to end warrantless surveillance. And it’s time — finally — to tell Washington: mitts off my bits. 

Ron Yokubaitis is the co-founder and co-CEO of Golden Frog and Data Foundry. He and his wife, Carolyn, also co-founded Texas.net, one of the first 50 internet service providers in the U.S.