A key U.S. surveillance tool, Section 702 of the Foreign Intelligence Surveillance Act, faces expiration on April 20 without congressional action. Lawmakers from both parties worry it enables warrantless spying on Americans' communications, while supporters highlight its role in counterterrorism and national security. The debate crosses party lines as reforms are pushed amid past abuses.
Section 702 empowers intelligence agencies like the National Security Agency to collect electronic communications of foreign nationals outside the United States without individual court orders. This often leads to incidental collection of Americans' data when foreigners communicate with them domestically. The Office of the Director of National Intelligence states the program protects against terrorists, spies, and supports cybersecurity, underpinning 60% of items in the president's daily brief in 2023 and aiding 70% of the CIA's illicit synthetic drug disruptions that year. In 2025, agencies targeted 349,823 foreign surveillance subjects under this authority, up from 246,000 in 2022. The National Security Agency obtains data directly from U.S. companies providing email, social media, and cellphone services, as well as internet backbone providers. Former NSA general counsel Stewart Baker told Congress in January that the program helped disrupt terrorist attacks, trace fentanyl precursors to China, counter ransomware, and thwart kidnappings and espionage. Critics including Senator Mike Lee (R-Utah), Senator Ron Wyden (D-Oregon), and Representative Warren Davidson (R-Ohio) argue it violates privacy rights by allowing warrantless queries of Americans' information. President Trump called for a clean 18-month extension in a March Truth Social post, citing military activities against Iran and the need to protect U.S. interests—a shift from his 2024 opposition when he urged to 'KILL FISA.' Privacy advocate Elizabeth Goitein of the Brennan Center noted agencies conduct thousands of backdoor searches on Americans annually. The Foreign Intelligence Surveillance Court described FBI violations as 'persistent and widespread' in 2022, including improper searches on a U.S. senator, journalists, and others. FBI queries on Americans dropped sharply to 7,413 in the 2024-2025 period from over 119,000 previously, with restrictions requiring training and approvals. Then-FBI Director Christopher Wray warned in 2023 that warrant requirements would hinder responses to evolving threats.
