The battle over government surveillance is heating up as Congress, the White House, and civil-liberties advocates are embroiled in a fiery debate over whether to renew, reform, or dismantle one of the state’s most powerful — and often abused — surveillance tools.
The April 20, 2026 expiration date for Section 702 of the Foreign Intelligence Surveillance Act (FISA) is on the horizon. The issue has been delayed over recent years as Congress continued kicking the can down the road.
Section 702 lets the government access private communications without a warrant.
— Congressman Brandon Gill (@RepBrandonGill) December 16, 2025
Millions of Americans’ emails, messages, and other data are swept up under the guise of foreign intelligence. pic.twitter.com/hTXMAAyZlg
But now, it appears likely that the fate of Section 702 will soon be decided.
Section 702 empowers the NSA and other federal agencies to spy on foreigners located in other countries without a warrant. The provision was supposed to make it easier for agencies to surveil foreign individuals to obtain intelligence. But several agencies, including the NSA and FBI, have used it to access communications involving American citizens.
Civil liberties groups have warned that many Americans’ information has been swept up in these surveillance operations. They describe Section 702 as a “backdoor” method to spy on U.S. citizens and demand that Congress require warrants for these operations or allow the provision to expire.
Trump & Co. are again pressing Congress to “cleanly” reauthorize FISA 702—unconstitutional, warrantless surveillance of Americans.
— Justin Amash (@justinamash) February 19, 2026
There’s no bigger hoax than Trump’s “opposition” to unlawful spying on U.S. citizens by the FBI & NSA. He loves it—as long as it’s not used on him!
Lawmakers are currently discussing the path forward for Section 702. Sen. Dick Durbin (D-IL) said during a Senate Judiciary Committee Hearing in January that the provision “does not contain sufficient safeguards to protect the privacy and civil liberties of Americans.”
House Speaker Mike Johnson (R-LA) has signaled that he’s open to a “clean” extension. But other Republicans like Rep. Jim Jordan (OH-4) insisted on a real warrant requirement. He told reporters that the House must “safeguard constitutional liberties.”
Section 702 of FISA is set to expire in just a couple of months. The program has a well-documented history of being abused to spy on Americans across the political spectrum. Thanks to @ddimolfetta for the coverage of such a critical topic and for including my thoughts! pic.twitter.com/wMZOFVwcL5
— James Czerniawski (@JamesCz19) February 5, 2026
Those who oppose a “clean” renewal point out how the system has been abused to spy on American citizens. A May 2023 report showed that the FBI “improperly used warrantless search powers” more than 278,000 times in 2021.
These included surveillance on individuals involved in the George Floyd protests, the Jan. 6 riot at the U.S. Capitol building, and those suspected of low-level crimes.