US Congress Allows Key Foreign Surveillance Law, FISA Section 702, to Lapse
The U.S. Congress has allowed Section 702 of the Foreign Intelligence Surveillance Act (FISA), a provision enabling warrantless wiretaps for surveilling foreign targets, to lapse. This tool, officially expired on Friday, is reportedly used annually by American intelligence agencies to collect electronic communications from hundreds of thousands of foreigners outside the U.S. Despite the lapse, intelligence collection under Section 702 is expected to continue temporarily, as it is authorized annually by a federal court, allowing activity to proceed for the duration of that authorization. However, some lawmakers and intelligence community members express concern over potential legal challenges by electronic communications service providers.
Section 702 of the Foreign Intelligence Surveillance Act (FISA), a U.S. law permitting warrantless wiretaps for the surveillance of foreign targets, has officially lapsed in the U.S. Congress.
This provision is annually utilized by American intelligence agencies to gather electronic communications from hundreds of thousands of foreigners located outside the United States. The U.S. government indicates that over 60% of the president's daily intelligence briefing relies on information collected under this authority.
Although the tool lapsed at the end of Friday, intelligence collection under Section 702 is authorized annually by a federal court. This allows for ongoing collection to continue for the duration of the court's authorization, even if the underlying law has not been renewed by Congress.
Electronic communications service providers are still legally required to turn over material to intelligence agencies. However, some lawmakers are concerned that these companies might challenge the law in court, which could lead to an unpredictable period during which intelligence provision might cease.
Advocates across the surveillance debate generally believe such challenges would ultimately fail. Nevertheless, individuals closely associated with the intelligence community emphasize that even a brief interruption in collection poses risks, especially ahead of significant national events such as America's 250th celebration and the World Cup.
According to Slashdot, the law's lapse creates uncertainty for future intelligence operations.
