WASHINGTON (AP) — A critical surveillance tool, Section 702 of the Foreign Intelligence Surveillance Act (FISA), expired on Friday after bipartisan efforts to temporarily extend it collapsed in Congress. The lapse marks a significant setback for a program that U.S.
officials consider vital for preventing terrorist attacks and tracking foreign spies. The impasse arose after Democrats refused to support an extension until President Donald Trump withdrew his pick for acting national intelligence director, Bill Pulte, a Trump loyalist with no national security experience who has sparked controversy over mortgage fraud investigations targeting perceived adversaries.
Trump subsequently nominated Jay Clayton, a U.S. attorney in Manhattan and former SEC chairman, as his permanent choice for director of national intelligence.
While Clayton's nomination was well-received on Capitol Hill, it came too late to prevent the program's expiration before Friday's deadline. Despite the lapse, a March order from the Foreign Intelligence Surveillance Court has authorized the program's powers to remain in effect for another year, meaning there may be no immediate disruption in intelligence collection.
However, without congressional reauthorization, telecommunications companies or internet service providers could challenge the government's ability to compel cooperation with surveillance demands. The program, which allows spy agencies to collect and examine communications of foreigners outside the U.S.
without a warrant, has been credited with disrupting terror plots, providing insights into ransomware attacks, and aiding in the killing of al-Qaida leader Ayman al-Zawahri in 2022. Civil liberties advocates have raised concerns about improper queries of Americans' communications by FBI analysts, including those related to the Jan.
6, 2021, Capitol riot and racial justice protests. The expiration is the first meaningful lapse of Section 702 since its creation in 2008, though officials expect no immediate drop-off in intelligence gathering as the U.S.
hosts events like the World Cup and the nation's 250th birthday celebrations.