FISA spying law expires, but government surveillance continues

Title VII of the Foreign Intelligence Surveillance Act (FISA) is set to expire at midnight tonight after Congress failed to pass an extension of the controversial spying law. But that doesn't mean the government's spying powers will disappear. Surveillance under Section 702 of FISA "operates under yearlong certifications approved by the FISA Court," the Brennan Center for Justice at New York University School of Law explained this week.

The current certification will remain in place until March 2027 under the yearlong certification issued by the Foreign Intelligence Surveillance Court on March 17, 2026. "In order to pressure members to accept a bill without meaningful reforms, surveillance hawks are claiming that Section 702 surveillance will 'go dark' on June 12 if Congress hasn’t renewed the law," the Brennan Center said. "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.

Members must not be fearmongered into passing a reauthorization without protecting Americans from warrantless government access to their private communications." The expiration of Title VII of FISA does not necessarily mean an end to government surveillance. The existing certifications will continue to allow the government to conduct surveillance under Section 702 of FISA. However, the expiration raises questions about the balance between national security and individual privacy.

The controversy surrounding FISA highlights the challenges of ensuring effective oversight of government surveillance powers while protecting citizens' rights. As the debate continues, it remains to be seen how Congress will address these concerns and what implications this will have for the future of surveillance and data protection. The lack of meaningful reforms in the reauthorization process could have far-reaching consequences for Americans' private communications and the broader tech industry.