Controversial FISA Spying Law Expires Tonight, But Surveillance Continues
Title VII of FISA, including Section 702, officially expires at midnight, but experts confirm that current certifications allow warrantless surveillance to continue until March 2027.
Despite Congress failing to pass an extension, the expiration of Title VII of the Foreign Intelligence Surveillance Act (FISA) at midnight tonight does not mean government spying powers will cease. According to the Brennan Center for Justice at NYU School of Law, surveillance under Section 702 operates under yearlong certifications approved by the FISA Court. The current certification, issued on March 17, 2026, remains in effect until March 2027.
The Brennan Center warned against fearmongering claims that Section 702 surveillance would “go dark” on June 12. “Contrary to that claim, Congress planned for potential lapses and made very clear that Section 702 surveillance may continue under existing certifications even if the statute sunsets,” the center stated. It urged members not to be pressured into passing a reauthorization without meaningful reforms.
The Cato Institute concurred, with senior fellow Patrick Eddington noting that Section 702 operates under annual programmatic certifications and directives served on providers. The FISA Amendments Act’s transition provision allows acquisitions authorized by certifications and directives in effect at sunset to continue until those certifications expire.
Rep. Jamie Raskin (D-Md.) told CBS News that “government surveillance activities will continue unchanged” after Friday. “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,” he said.
Section 702 was added to FISA in 2008 and last reauthorized in 2024, when President Biden signed a bill expanding warrantless surveillance. The Electronic Privacy Information Center (EPIC) noted that while Section 702 allows U.S. intelligence agencies to spy on foreign targets without a warrant, it routinely sweeps up communications of Americans in contact with people abroad. EPIC described this as a loophole increasingly exploited to surveil Americans without court approval.
