Controversial FISA spying law expires tonight. The spying will continue.
Summary
A key part of the Foreign Intelligence Surveillance Act (FISA), known as Title VII or Section 702, expired after Congress did not pass its extension. However, surveillance under this law will continue until at least March 17, 2027, because the Foreign Intelligence Surveillance Court issued a certification that allows spying to proceed without a new law. Lawmakers disagree about reforming the law, which allows warrantless spying on foreign targets but can also collect Americans’ communications.Key Facts
- Title VII of FISA, including Section 702, expired at midnight after Congress failed to renew it.
- Surveillance authorized under Section 702 will continue until March 17, 2027, due to a court certification.
- Section 702 lets U.S. intelligence spy on foreign targets without a warrant but can collect information from Americans communicating with them.
- The law was last reauthorized in 2024 under President Biden, expanding some warrantless surveillance.
- Some members of Congress want to limit government spying powers on Americans without a warrant.
- Disagreements over surveillance reforms and leadership changes at the intelligence office contributed to the failure to extend the law.
- House Majority Leader Steve Scalise warned that stopping the law could risk American lives.
- Despite the law's expiration, companies must still provide communications to intelligence agencies, though legal challenges may cause delays.
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