FISA Section 702

Section 702 of the Foreign Intelligence Surveillance Act is the legal basis for one of the US government’s most sweeping surveillance programs — and as of June 2026, it has lapsed. We mark this entry blocked rather than dead because the authority isn’t gone for good: reauthorization is being negotiated, and, thanks to a quirk in how the law works, collection is still running in the meantime. It’s a reform opening, not a finish line.

What Section 702 does

702 authorizes the government to collect the communications of foreigners located abroad without a warrant, by compelling US companies to hand over data. The perennial controversy is the “backdoor search” problem: because Americans routinely communicate with people overseas, huge volumes of Americans’ emails and messages get swept into the 702 database — which agencies including the FBI have then searched for Americans’ communications, again without a warrant. Bipartisan reformers have spent years trying to require a warrant for those searches.

Why it lapsed

The authority had been kept on a short leash — extended in two-year and then 45-day increments, forcing repeated deadline fights. In 2026 the reauthorization collapsed, entangled with a nomination dispute: lawmakers who normally support the intelligence community refused to renew 702 while President Trump’s pick for acting Director of National Intelligence stood, fearing the authority could be weaponized. A final clean extension failed in the House, and the statute lapsed.

The catch: surveillance continues anyway

This is why a lapse isn’t a switch-off. Collection under 702 is authorized annually by the FISA Court, and an existing certification can keep collection running for the duration of that authorization even after the statute lapses — expected to extend into 2027. Companies can still be compelled to comply in the interim. So the program is operating in a legal gray zone on borrowed time while Congress argues over the terms of renewal.

Timeline

• 2008 — Section 702 enacted; renewed repeatedly since.
• 2024 — The RISAA reauthorizes 702 for two years, setting an April 2026 sunset.
• April 20, 2026 — Original sunset; a 45-day clean extension buys time to June 12.
• June 2026 — Reauthorization collapses amid the DNI nomination fight; the statute lapses. EFF declares a qualified “victory.”
• Now — Negotiations continue; collection persists under the FISA Court’s standing certification.

What it means for you

Day to day, nothing visibly changes right now. But two things matter. First, a lapsed authority is far more reformable than a renewed one — this is the window to push for a warrant requirement for Americans’ data. Second, and more durably: 702 compels providers to hand over data, so the communications it can’t touch are the ones that are end-to-end encrypted, where the provider holds no keys. Legal protections swing with the political winds; encryption doesn’t. Use encrypted messaging and email for anything sensitive regardless of how this fight ends.

Where to follow it: EFF’s coverage (linked above) explains the stakes, and the Brennan Center maintains a detailed 702 resource page. We’ll update this entry as reauthorization advances, dies, or returns with reforms.