On the recordMarch 12, 2026
the sweeping surveillance powers authorized under section 702 of the Foreign Intelligence Surveillance Act, known as FISA, expire in just 40 days. Section 702 grew out of a secret, warrantless surveillance program conducted by the Bush administration after 9/11. When this illegal spying program was finally discovered, Congress enacted 702 as a temporary measure--a temporary measure. Like so many expansive government powers that are adopted during times of emergency, this authority has now become a fixture of our surveillance architecture. When it comes to collecting intelligence on foreigners located abroad, the value of this tool is not in serious dispute, but there is a fatal flaw at the core of section 702. This authority is also used for warrantless spying on innocent Americans. Americans' private emails, phone calls, and text messages with friends, family, colleagues, business, and any number of other contacts around the world are swept up under section 702. The government then searches these private communications--protected by the Fourth Amendment, I might add--without a warrant or other court order. Congress has repeatedly failed to fix this end run around the Constitution. As a result, for years, the intelligence community has abused section 702 to spy on business and religious leaders, political parties, campaign donors, journalists, and protesters across the political spectrum.
Source
govinfo.gov




