It's a significant lapse for the program known as Section 702, and even as President Donald Trump nominates a new national intelligence director more palatable to both Republicans and Democrats than his initial pick, it’s unclear how soon lawmakers — set for recess — would be able to revive the spy program.
Still, there may not be an immediate drop-off given that a court order from March authorized these government surveillance powers to remain in effect for another year.
Section 702 allows for sweeping powers to sift through foreign communications
The provision is a part of the Foreign Intelligence Surveillance Act, known as FISA, and grants American spy agencies sweeping powers to collect and examine the communications of foreigners located outside the United States without first getting a warrant.
U.S. officials see the law as an invaluable national security tool that has helped disrupt potential acts of terrorism, yielded valuable insight into ransomware attacks on critical infrastructure and contributed to the killing of al-Qaida leader Ayman al-Zawahri in a 2022 drone strike.
The law was passed in 2008 as an effort to codify key aspects of a predecessor spy program created by President George W. Bush's Republican administration.
Since then, officials across administrations of both major political parties have warned that without the law the government won't be able to collect crucial intelligence overseas.
The program's renewal historically has been contentious
The periodic need to reauthorize the law has prompted protracted debate in Congress well before this year, including discussion over whether additional guardrails are needed to protect the privacy of Americans and their personal data.
That's because when the government eavesdrops on foreigners abroad, it also sweeps up the communications of American citizens and others in the U.S. who are in contact with those surveillance targets.
