US Section 702 surveillance authority lapses as Congress deadlocks

For the first time since 2008, Section 702 of the Foreign Intelligence Surveillance Act expired on June 12, 2024 after Congress failed to agree on a renewal. The provision, which permits the NSA to collect foreign communications passing through US carriers, is credited with supplying about 60% of the intelligence in the President’s Daily Brief. Lawmakers warned that the lapse could hinder monitoring of foreign terrorism, cyber‑attacks and other threats.

A legal technicality may keep the program operating until March 2027, because the Foreign Intelligence Surveillance Court recertified the surveillance categories in March 2023. Nonetheless, officials expressed concern. Senate Judiciary Committee Chairman Chuck Grassley said, “There’s a dangerous assumption that the program will function seamlessly if this statute expires on Friday.” NSA officials noted the program’s importance, and Senator Tom Cotton warned, “Well over half of every item in the president’s daily brief is derived from Section 702.” The debate also overlapped with controversy over Bill Pulte’s temporary leadership of the ODNI.

Despite the expiration, experts expect the surveillance to continue under existing court certifications, though gaps could emerge if tech companies resist participation.