US surveillance authority expires.
Congress allows key spy tool FISA Section 702 to expire, raising security and privacy concerns.
For the first time since 2008, the U.S. government lost its legal authority to run one of its most powerful spy programs. Section 702 of the Foreign Intelligence Surveillance Act expired at midnight on June 13, 2026, after the House voted 198 to 218 against a short-term extension, according to Cato Institute. Intelligence officials warn the program feeds roughly 60% of the President's Daily Brief, according to CBS News.
The lapse does not mean surveillance stopped immediately. Existing court approvals, issued by the Foreign Intelligence Surveillance Court in March 2026, allow collection to continue until March 2027, according to Brennan Center. But the legal foundation beneath those approvals is now gone — and that gap is causing serious concern in Washington.
How a 198-to-218 Vote Killed the Program
The House held a critical vote on June 11, 2026. The measure to extend Section 702 failed 198 to 218, with 19 Republicans and 199 Democrats voting against it, according to Cato Institute. Congress had already punted once, pushing the original April 19 deadline to June to allow more negotiation time, according to CBS News.
The House is not expected to vote again until June 23, leaving a 10-day window of total statutory lapse. Speaker Mike Johnson warned the program "cannot go dark" without risking national security. Defense Secretary Pete Hegseth called the lapse "devastating to our national security," according to Cato Institute.
What Section 702 Actually Does — and Why It's Controversial
Section 702 lets the NSA collect emails, texts, and phone calls of non-U.S. citizens located outside the United States who use U.S.-based services like Google or AT&T. The NSA does not need a warrant for each individual target. The program has been active since 2008.
The problem, say critics, is that American communications get swept up too. The FBI can then search that database for Americans' data without a warrant — what civil liberties groups call a "backdoor search," according to the Electronic Frontier Foundation. In one cited case, the FBI searched the records of 19,000 donors to a single congressional campaign, according to Brennan Center.
Surveillance Continues — But on Shaky Legal Ground
The expiration is not an immediate shutdown. A grandfather clause in the law lets existing FISC certifications stay active even after the statute expires. Those certifications run through March 2027, according to Brennan Center. So the NSA can still collect data — for now.
But Rep. Rick Crawford warned that tech companies may use the missing statute as a reason to stop sharing data, triggering lengthy legal battles, according to CBS News. Legal scholars at Cato Institute argue the "intelligence darkness" warnings are overstated. But they agree the legal uncertainty is real and could grow if Congress does not act by June 23.
Politics, Protests, and a Controversial DNI Nominee
The vote broke along unusual lines. Democrats opposed the extension partly to protest the nomination of Bill Pulte as Director of National Intelligence. They cited his lack of experience and alleged use of the intelligence community for political purposes, according to CBS News. Rep. Thomas Massie also voted no, calling Section 702 "unconstitutional from the moment it was signed" and demanding a warrant requirement, according to Cato Institute.
The next 10 days will be critical. Privacy groups like the EFF see the lapse as leverage to finally force a warrant requirement. Intelligence hawks see it as a dangerous gap. The outcome likely hinges on whether Congress can separate the surveillance debate from the fight over Pulte's confirmation before the June 23 vote.
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