11/06/2026
A key provision of the Foreign Intelligence Surveillance Act is set to expire Friday unless it is reauthorized by Congress.
Section 702 allows for the warrantless surveillance of foreign nationals believed to be outside the United States. In practice, it also sweeps up and stores vast amounts of data from people inside the country, including their emails, texts and cellphone data.
The FISA provision was enacted in 2008 to legalize George W. Bush’s warrantless wiretapping program that was developed after 9/11.
Lawmakers in both parties have balked at renewing the law amid anger over President Donald Trump naming of MAGA loyalist Bill Pulte as acting director of national intelligence. On Thursday, Trump announced his nomination of former Securities and Exchange Commission chair Jay Clayton as his permanent pick for the role, potentially easing the passage of Section 702.
Cindy Cohn, the executive director of the Electronic Frontier Foundation, told Democracy Now! that regardless of the wrangling on Capitol Hill, the spy program should be stopped. "It was started illegally, and it hasn’t gotten any better," Cohn said. "A simple warrant requirement shouldn’t be a very big lift."
Section 702 has a built-in grace period; even if authorization lapses this week, the U.S. government can continue to operate the surveillance program into 2027.