Section 702 of FISA expires at midnight but surveillance continues under existing certification

Title VII of the Foreign Intelligence Surveillance Act expires at midnight after Congress did not pass an extension. Surveillance conducted under Section 702 will continue under a yearlong certification issued by the Foreign Intelligence Surveillance Court on March 17, 2026.

The Brennan Center for Justice at New York University School of Law stated that the current certification remains in place until March 2027. The center said lawmakers planned for potential lapses and that surveillance may continue under existing certifications even if the statute sunsets.

702 Title VII, including Section 702, was added to FISA in 2008. It was last reauthorized in 2024. The provision allows intelligence agencies to collect communications of foreign targets without a warrant, and the collection can include messages of Americans who contact people outside the country.

The Electronic Privacy Information Center said agencies have used the authority to obtain Americans' communications without court permission. In March, two Democrats and two Republicans introduced legislation to require warrants for access to Americans' private communications.

Alternative surveillance authorities The Electronic Frontier Foundation noted that the government can rely on other programs if Section 702 remains expired after March 2027. Executive Order 12333, issued in the 1980s, permits overseas signals intelligence collection without a statute or court order.

A senior fellow at the Cato Institute wrote that the bulk of overseas signals intelligence collection operates under Executive Order 12333 rather than Section 702. House members left for recess after attempts to pass an extension failed, with no further votes scheduled until June 23.