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A powerful US surveillance law is set to expire – what happens now?

A powerful US surveillance law is set to expire – what happens now?

Summary

A key part of a US surveillance law called Section 702 of the Foreign Intelligence Surveillance Act (FISA) is about to expire. This law allows intelligence agencies to collect some communications involving foreigners without a warrant. Congress has struggled to agree on renewing or reforming this section amid debates about privacy and national security.

Key Facts

  • Section 702 was created in 2008 and lets agencies collect emails and texts involving foreigners outside the US without a warrant.
  • If an American talks to a foreign target, their communications can also be collected under this law.
  • Privacy advocates argue the government uses this law to spy on Americans without warrants, which they say is unconstitutional.
  • Intelligence agencies claim they need these powers to prevent terrorist attacks.
  • Congress has only passed short-term extensions for Section 702 so far in 2024.
  • House Republican leaders oppose adding a warrant requirement for surveilling Americans, blocking reforms.
  • A tied vote in 2024 stopped a proposed amendment to require warrants, but advocates believe future votes may pass such a reform.
  • The surveillance program can continue through special court approvals until March 2027 even if the law’s renewal lapses.
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