FISA Section 702 Expires, Surveillance Powers Continue Through 2027
Section 702 of the Foreign Intelligence Surveillance Act (FISA) is set to expire at midnight, as Congress has not passed an extension for the controversial surveillance law. Despite the statute's expiration, government surveillance operations under Section 702 are expected to persist. An existing yearlong certification, approved by the Foreign Intelligence Surveillance Court on March 17, 2026, will keep current surveillance powers in place until March 2027.

Title VII of the Foreign Intelligence Surveillance Act (FISA) is scheduled to expire at midnight tonight, following Congress's failure to pass an extension for the law.
However, the government's surveillance capabilities under Section 702 are not expected to cease immediately. The Brennan Center for Justice at New York University School of Law clarified that surveillance under this section operates under yearlong certifications approved by the FISA Court.
The current certification, issued by the Foreign Intelligence Surveillance Court on March 17, 2026, will remain in effect until March 2027.
According to the Brennan Center, claims by "surveillance hawks" that Section 702 surveillance would "go dark" on June 12 if not renewed are contrary to congressional planning. The center states that Congress made it clear that Section 702 surveillance may continue under existing certifications even if the statute sunsets. The organization advocates against passing a reauthorization without incorporating protections for Americans from warrantless government access to their private communications.
(Source: Ars Technica)
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