Warrantless surveillance powers held by U.S. intelligence agencies expired Friday night after the House, including 19 Republicans, turned down a proposal for a short-term extension just a day earlier.
The House rejected a three-week extension of Section 702 under the Foreign Intelligence Surveillance Act (FISA) on Thursday. This decision led to the expiration at 11:59 p.m. Friday, stirring concerns over President Trump’s potential appointment of Bill Pruitt as acting director of national intelligence and the risks associated with the program’s misuse.
As of now, it’s uncertain when Congress will address the possibility of reinstating the program. House members began a scheduled 10-day break late Thursday.
This law allows the U.S. government to monitor non-U.S. citizens abroad without needing a judge’s approval first. However, this surveillance often affects the communications of American citizens as well, leading to some backlash. Although there were reforms made to these powers in 2024, certain critics advocate for further adjustments.
The government’s capability to gather foreign intelligence is not expected to see immediate repercussions due to this expiration. They can still acquire electronic surveillance and Foreign Intelligence Surveillance Court warrants. Some aspects of Section 702 powers may continue for another year, as they were certified in March.
“All previously authorized and certified actions are still proceeding. Current FISA authorizations will remain in place until at least March 17, 2027,” clarified House Judiciary Committee Ranking Member Jamie Raskin (D-Md.), emphasizing that government surveillance wouldn’t change post-expiration.
However, House Intelligence Committee Chairman Rick Crawford (R-Ark.) expressed concern, remarking that this issue places the government in “uncharted territory.” He pointed out that as the authorization lapses, the effectiveness of their resources diminishes. “The impact worsens every day,” he noted, adding that the data within the 702 database could become increasingly outdated.
Crawford also warned that providers might refuse to comply with government data requests following the expiration of Section 702.
President Trump, on Wednesday, urged Congress to approve a temporary extension of Section 702, asserting it was essential for maintaining safety during the World Cup and the 250th anniversary celebrations. He criticized the opposition Democrats for allegedly linking national security to unrelated issues and stressed the need for a permanent candidate to head the Office of the Director of National Intelligence.
“FISA 702 is vital for our military and for safeguarding the American public, especially during these important events. This law must not lapse this week,” he asserted. He then nominated Jay Clayton, New York’s Southern District attorney, for the permanent director position.
