US Intelligence's Spying Powers CRASH After Lawmakers SLAM FISA Extension
The US intelligence community’s warrantless surveillance powers vanished Friday night after House lawmakers, including 19 Republicans, shot down a short-term extension of the program.
A three-week extension of Section 702 of the Foreign Intelligence Surveillance Act (FISA) failed to pass a House vote Thursday. Concerns over President Trump’s appointment of Bill Pulte as acting director of national intelligence and fears of potential abuse fueled the rejection, leading to the program's expiration at 11:59 p.m. Friday.
Congressional lawmakers have not indicated when they might attempt to revive the program. House members kicked off a scheduled 10-day recess following Thursday's vote.
This law allows the US government to surveil non-Americans abroad without obtaining a warrant from a judge first.
However, this surveillance often inadvertently captures communications from American citizens. The controversial power saw reforms in 2024, but critics demand further changes.
The program has been linked to significant intelligence successes, including the elimination of al Qaeda leader Ayman al-Zawahiri in 2022 and the thwarting of a terrorist plot targeting a Taylor Swift concert in Austria in 2024.
Despite the lapse, immediate impacts on foreign intelligence gathering are not anticipated.
The government retains the ability to secure warrants for electronic surveillance, and the Foreign Intelligence Surveillance Court confirmed in March that Section 702 powers could remain effective for another year.
“Everything that’s already been authorized and certified is already in motion, and current FISA authorizations will continue unaffected, at least through March 17, 2027,” stated House Judiciary Committee ranking member Jamie Raskin (D-Md.) earlier this week, asserting that “government surveillance activities will continue unchanged” post-expiration.
In contrast, House Intelligence Committee Chairman Rick Crawford (R-Ark.) warned that the lapse would thrust the government into “uncharted territory.”
“Once this authorization expires, the clock starts ticking,” Crawford declared Wednesday. “The implications get worse every single day. While the 702 database would remain available to search, the data in that database will become increasingly out of date.”
Crawford also pointed out that phone and internet service providers might refuse to comply with government data requests once Section 702 lapses.
Trump had pushed Congress to approve the short-term FISA Section 702 extension on Wednesday, claiming it was crucial for keeping Americans safe during the World Cup and celebrations for the 250th anniversary of the US.
“Just like they did on Border Funding, the Radical Left Dumocrats are trying to take our National Security hostage because of unrelated issues,” Trump raged on Truth Social. “I am looking for a permanent ODNI Nominee with experience in National Security.”
“FISA 702 is very important to our Military, and keeping the American People safe, especially during the World Cup and America250 Celebrations. If nothing is done, this important Law will expire this week,” he added.
“I am asking Congress to send me a short-term extension of FISA to provide time for the selection and confirmation of a permanent Head of the Agency.”
Trump has since nominated Jay Clayton, the US attorney for the Southern District of New York, for the permanent director of national intelligence position.
