Title VII of the Foreign Intelligence Surveillance Act (FISA) expired at midnight, but government surveillance powers will continue under existing certifications until March 2027. Critics argue this allows warrantless access to Americans' communications.
The expiration of the FISA spying law, while technically occurring, does not halt government surveillance due to existing certifications, raising concerns about warrantless access to Americans' private communications and the balance between national security and civil liberties.
Title VII of the Foreign Intelligence Surveillance Act (FISA), which includes Section 702, expired at midnight, but government surveillance activities are expected to continue largely unchanged. This continuation is due to existing yearlong certifications approved by the Foreign Intelligence Surveillance Court (FISC), which will remain in effect until March 17, 2027.
Despite the expiration of the statute, surveillance under Section 702 may proceed under these current certifications and directives, according to the Brennan Center for Justice and the Cato Institute. This provision was planned for potential lapses in reauthorization, ensuring that authorized acquisitions can continue until their certification expiry dates. Critics, including the Brennan Center and the Electronic Privacy Information Center (EPIC), argue that this allows government agencies to increasingly access Americans' private communications without a warrant.
Section 702, added to FISA in 2008, permits U.S. intelligence agencies to conduct surveillance on foreign targets abroad without a warrant. However, this process frequently results in the incidental collection of communications belonging to Americans who are in contact with those foreign targets. The law was last reauthorized in 2024, with President Biden signing a bill that continued and expanded these surveillance powers. Rep. Jamie Raskin (D-Md.) confirmed that current FISA authorizations will continue unaffected through at least March 17, 2027.