Tonight marks the expiration of Section 702 of the Foreign Intelligence Surveillance Act (FISA), a controversial law allowing warrantless foreign intelligence collection. Despite this sunset, surveillance operations will continue under FISA Court certifications valid through March 2027, maintaining government spying capabilities without legislative renewal.
- Section 702 expires but court certifications permit ongoing surveillance.
- Surveillance collects data on foreign targets and incidentally on Americans.
- Legislative deadlock delays reform despite bipartisan concerns.
What happened
Section 702 of the Foreign Intelligence Surveillance Act, enabling warrantless foreign intelligence collection, officially expired at midnight after Congress failed to pass an extension. However, surveillance activities authorized by this section will continue because the law operates on yearlong programmatic certifications issued by the Foreign Intelligence Surveillance Court (FISC). The current certification issued in March 2026 remains effective until March 2027, allowing intelligence agencies to keep collecting foreign intelligence without interruption.
Why it matters
Section 702 has long been contentious because it permits US intelligence agencies to surveil foreign targets without a warrant but routinely collects information from Americans communicating with those targets. Privacy advocates argue this loophole results in unconstitutional mass surveillance, while intelligence officials emphasize its importance for national security.
The continuation of surveillance under court certifications despite the law's expiration complicates efforts to enact meaningful reform. Critics warn that fear-based rhetoric about potential intelligence gaps may pressure lawmakers into renewing the law without safeguards to protect Americans’ privacy, prolonging debates about balancing security and civil liberties.
What to watch next
Congress is on recess and no immediate votes on Section 702 reauthorization are scheduled until mid-June, providing time for further negotiation over potential reforms. Observers will be monitoring legislative efforts to impose stricter limitations on government access to Americans' private communications and to increase oversight.
Meanwhile, concerns remain that some communication providers might legally challenge the ongoing data requests, which could create uncertainty in the intelligence pipeline. Additionally, government agencies possess alternative surveillance tools that may be deployed if a legislative agreement remains elusive, sustaining broad spying capabilities beyond Section 702.