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For the first time since 2008, FISA Section 702 — the law authorizing warrantless collection of Americans' communications — lapsed at midnight on June 12, 2026 after the Senate failed 47-52 to advance reauthorization. Yet the surveillance continues: the FISA Court's March 2026 certification locked the program in until March 2027, meaning the government keeps spying despite Congress letting the authority die.
“For the first time since 2008, FISA Section 702 — the law authorizing warrantless collection of Americans' communications — lapsed at midnight on June 12, 2026 after the Senate failed 47-52 to advance reauthorization. Yet the surveillance continues: the FISA Court's March 2026 certification locked the program in until March 2027, meaning the government keeps spying despite Congress letting the authority die.”
On June 12, 2026, FISA Section 702 expired for the first time in its history. Civil liberties groups celebrated. But the warrantless surveillance machine it powered is still running — and will be for nearly another year.
Section 702 lets the NSA collect the emails and calls of foreign targets abroad and, in the process, warrantlessly sweep in every American who communicates with them. The FBI ran 3.4 million such 'backdoor' searches of Americans' data in 2021 alone — not one backed by a warrant.
On June 5, 2026, the Senate failed 47-52 to advance reauthorization. The coalition was unusual: every Democrat except John Fetterman voted no, joined by seven Republicans on civil-liberties grounds — Josh Hawley, Mike Lee, Rand Paul, Eric Schmitt, Rick Scott, Tommy Tuberville, and John Kennedy. At midnight on June 12, the authority expired.
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The catch is buried in the FISA Court's calendar. In March 2026 the court approved the program's annual certifications, which run for a full year. Legal experts confirm that means the warrantless foreign-surveillance program can keep operating without congressional approval until March 2027 — the statute's death on paper does not stop the collection in practice.
For years, defenders insisted Section 702 was too vital to ever lapse. It lapsed. And the sky did not fall — in part because the surveillance simply continued under a court order, exposing how little the statutory 'sunset' actually constrains the intelligence community.
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2.4 years
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500+ years