Key facts
- Section 702 of the Foreign Intelligence Surveillance Act (FISA) is set to expire.
- The law permits U.S. authorities to collect communications from foreign targets abroad.
- Critics express concern over the incidental collection of Americans' data without a warrant.
- Disagreements over privacy safeguards and opposition to a nominee stalled renewal efforts.
- A March court order provides a year-long continuation of the program's powers.
- Telecommunications companies' legal protections for cooperation may be affected by the expiration.
Section 702 of the Foreign Intelligence Surveillance Act (FISA), a significant U.S. foreign surveillance law, faced expiration amid a congressional stalemate. The program enables U.S. authorities to gather communications from foreign targets overseas, which officials consider vital for national security, including counterterrorism and cyber intelligence.
While Section 702 targets non-U.S. citizens abroad and prohibits targeting U.S. citizens or collecting data within the U.S., Americans' communications can be incidentally captured when they interact with a surveilled foreigner. Critics, such as the Brennan Center for Justice, have voiced concerns about the FBI and other agencies routinely accessing this data for Americans' communications without a warrant.
The law had previously received a 10-day extension followed by a 45-day extension. The current impasse stems from Senate Democrats withholding necessary votes for further renewal, partly due to opposition to President Donald Trump's nominee, Bill Pulte, for acting director of national intelligence, who lacks national security experience. Senator Ron Wyden also secured an agreement to declassify a secret FISA court ruling concerning Section 702 usage.
Despite the impending expiration, federal authorities may continue to query Americans' data due to yearlong certifications renewed in March. However, legal protections for telecommunications and technology firms providing data would only cover existing operations, potentially affecting new requests. Companies like T-Mobile are observing the situation, while AT&T and Verizon have not commented. U.S. authorities retain other surveillance tools, though they are generally less comprehensive and require court orders.