FISA Section 702: Looming Extension Faces Scrutiny Over Privacy Concerns

The Foreign Intelligence Surveillance Act (FISA) Section 702, a controversial component of U.S. Surveillance law, is once again at a crossroads. With its current authorization set to expire, Congress is considering an extension, sparking debate over privacy rights and national security. The debate centers on whether to reauthorize the law without meaningful reforms, potentially continuing practices critics deem as abuses of power.

The History of Section 702 and RISAA

Section 702 of FISA allows the government to collect communications of foreign targets located outside the United States without a warrant. However, this process inevitably captures communications with U.S. Citizens and residents. Two years ago, Congress passed the Reforming Intelligence and Securing America Act (RISAA) which reauthorized Section 702 with what were described as “nominal” reforms. While RISAA included a two-year sunset clause – intended to force further consideration of reforms – concerns are rising that Congress will opt for a “clean extension” without addressing critical issues.

The Push for a “Clean” Extension and Concerns from Advocates

House Speaker Mike Johnson has indicated the intention to move forward with an extension of FISA for at least 18 months. Even House Judiciary Chair Jim Jordan, previously a proponent of warrant requirements and closing loopholes, has signaled support for a clean extension, arguing that RISAA already provided sufficient reforms. This stance has drawn criticism from civil liberties advocates who view RISAA as merely a reauthorization of a flawed surveillance program.

Prior to the 2024 reauthorization, Section 702 authorities were reportedly misused, with improper queries targeting peaceful protesters, lawmakers, congressional staff, campaign donors, journalists and even a judge investigating police misconduct. RISAA, critics argue, expanded the government’s authority by compelling more individuals and providers to assist with surveillance efforts.

Proposed Reforms and Legislative Efforts

Several bills have been proposed to reform Section 702 and address privacy concerns. These include the SAFE Act, PLEWSA, and the Government Surveillance Reform Act (GSRA). While none are considered perfect, they all represent improvements over the current status quo.

The Government Surveillance Reform Act (GSRA)

Introduced in March 2026 by Representatives Warren Davidson (R-OH-08) and Zoe Lofgren (D-CA-18), along with Senators Ron Wyden (D-OR) and Mike Lee (R-UT), the GSRA aims to reauthorize and reform Section 702. The bipartisan bill seeks to protect Americans’ constitutional right to privacy by requiring a warrant to search data belonging to U.S. Persons and closing the “data broker loophole” – which allows the government to purchase private data that would otherwise require a warrant or subpoena. Cosponsors include Senators Elizabeth Warren (D-MA) and Cynthia Lummis (R-WY), and Representatives Sara Jacobs (D-CA) and Pramila Jayapal (D-WA).

The Core Issue: Warrantless Searches

A central point of contention is the lack of a warrant requirement for reviewing data collected on U.S. Persons. Critics argue that this allows the government to conduct warrantless searches of Americans’ private communications, violating Fourth Amendment rights. The debate highlights the tension between national security interests and the protection of civil liberties.

Looking Ahead

The future of Section 702 remains uncertain. The decision Congress makes will have significant implications for privacy rights and government surveillance powers. The urgency for reform is underscored by the history of abuse and the evolving technological landscape. A failure to address these concerns risks perpetuating a system that allows for mass spying on Americans without adequate safeguards.