Section 702 surveillance authority reaches expiration deadline

A major U.S. surveillance authority is set to lapse after Congress failed to extend it, leaving lawmakers, intelligence officials and privacy advocates divided over whether the deadline creates a national security risk or a chance to force long-sought reforms.

Section 702 of the Foreign Intelligence Surveillance Act, first authorized in 2008, allows U.S. intelligence agencies to collect electronic communications of foreigners located outside the United States without a warrant. The authority is due to expire at 12 a.m. Saturday after repeated short-term extensions and a failed push this week to keep it alive.

The program is widely used. The government says more than 60% of the president’s daily intelligence briefing relies on information collected under Section 702, and intelligence officials have described it as difficult to replace. Documents prepared by the intelligence community and sent to House Republicans earlier this year said “no other foreign intelligence authority can replicate Section 702’s speed, agility, and insights,” CBS News reported.

Supporters say the tool helps prevent attacks, track drug traffickers and protect Americans. “It is a program that makes Americans more safe,” Senate Majority Leader John Thune, R-S.D., said on the Senate floor Thursday. “The intelligence derived from the 702 program is something that has saved American lives — in theaters of conflict, preventing terrorist attacks, preventing drug runners from getting drugs into this country.”

But Section 702 has long drawn opposition from a bipartisan group of lawmakers and civil liberties advocates because Americans’ calls, texts and emails can be swept up when they communicate with foreign targets. Federal law enforcement may query the database for Americans’ information without first obtaining a warrant, subject to internal rules and oversight. Reformers have pushed unsuccessfully for a warrant requirement.

The latest renewal effort unraveled after President Trump selected Bill Pulte, head of the Federal Housing Finance Agency, to serve temporarily as director of national intelligence. Democrats objected to Pulte’s lack of national security experience and his public efforts to target Trump’s perceived political opponents with mortgage fraud allegations. NPR reported that Sen. Mark Warner, D-Va., the top Democrat on the Senate Intelligence Committee, called Pulte “extraordinarily unqualified,” while House Democratic leader Hakeem Jeffries described him as a “political hack” and “malignant clown.” Thune also voiced concern, saying, “We don’t need a weaponized DNI. We need professionals there.”

Trump later announced a permanent nominee for director of national intelligence. NPR identified the nominee as federal prosecutor Jay Clayton, while The Guardian reported the nominee as Jay Carney. Asked whether Pulte would still serve in an acting role, Trump said he would “for a short while,” according to NPR.

What happens next is disputed. Some lawmakers warn that letting the law lapse puts the country in “uncharted territory.” Rep. Rick Crawford, R-Ark., chairman of the House Intelligence Committee, said that while the Section 702 database would remain searchable, “the data in that database will become increasingly out of date.” House Speaker Mike Johnson, R-La., said after a failed vote that Democrats risked “a serious calamity on our shores.”

Privacy advocates and some Democrats say surveillance will continue because the Foreign Intelligence Surveillance Court has already certified the program through March 2027. “Section 702 will not go dark,” said Elizabeth Goitein of the Brennan Center for Justice. “That is a myth.” She said companies remain legally required to comply with collection directives and could face fines of $250,000 per day if they refuse.

Warner said uncertainty remains over whether communications providers will cooperate after the deadline, calling it “a high-risk proposition.” Glenn Gerstell, a former National Security Agency general counsel, told NPR the lapse is not a “sky-is-falling moment,” but said Congress could have avoided the risk. “We can make it zero,” he said.

The Senate returns next week. The House has left Washington and is not scheduled to return until June 23.