RismadarVoice Reporters
June 13, 2026
A major U.S. intelligence surveillance authority which allows the government to collect communications of foreign targets abroad is set to expire Friday night after lawmakers failed to agree on an extension in Congress.
The provision, known as Section 702 of the Foreign Intelligence Surveillance Act (FISA), permits U.S. intelligence agencies to conduct warrantless surveillance of non-U.S. citizens located outside the country. The program relies on assistance from telecommunications companies and other service providers to access communications that may contain foreign intelligence information.
Although primarily aimed at foreign targets, the program has long faced controversy due to concerns that communications involving Americans could be incidentally collected during surveillance activities.
Section 702 has been in place since 2008 and has never previously lapsed. However, Congress has been unable to reach a consensus on whether to extend or reform the authority, leading to a legislative standoff.
The House of Representatives initially passed a three-year extension that included additional policy amendments, but the proposal stalled in the Senate. Lawmakers later approved a short-term extension to keep the program active temporarily, but that measure has now expired without a further agreement in place.
Efforts to pass another extension failed this week after the House and Senate both adjourned without securing sufficient support for a continuation of the law.
Despite the expiration of statutory authority, legal experts note that the intelligence program may not immediately cease operations. A standing certification from the Foreign Intelligence Surveillance Court remains valid until 2027, potentially allowing surveillance activities to continue under existing legal frameworks. However, uncertainty remains over whether private companies will continue cooperating without renewed congressional authorisation and liability protections.
Supporters of the program argue that allowing Section 702 to lapse could significantly weaken U.S. national security capabilities. Critics, however, have raised concerns about privacy protections and oversight, particularly regarding the incidental collection of communications involving American citizens.
The deadlock in Congress reflects broader political disagreements over surveillance authority, executive control of intelligence agencies, and proposed reforms to the system.
Some lawmakers have also cited concerns about leadership changes within the intelligence community as a factor complicating negotiations.
