Controversial FISA Spying Law Expires, Surveillance Continues

Title VII of the Foreign Intelligence Surveillance Act (FISA), a controversial spying law, has expired at midnight after Congress failed to pass an extension. Despite the expiration, government surveillance powers under Section 702 will persist. This is because the Foreign Intelligence Surveillance Court (FISC) had already issued yearlong certifications for surveillance operations. The current certification, approved on March 17, 2026, remains valid until March 2027. The Brennan Center for Justice has stated that claims of surveillance "going dark" are misleading tactics used by proponents of the law to pressure lawmakers into passing it without necessary reforms. They emphasize that Section 702 surveillance can continue under existing certifications even if the statute sunsets, urging Congress not to be swayed by fearmongering into reauthorizing the law without protecting citizens' privacy.

This situation is critical because it highlights a potential gap in legislative oversight of government surveillance powers, raising concerns about citizen privacy.