US Congress extends FISA Section 702 wiretapping authority for 45 days
The House and Senate have authorised the controversial surveillance provision for another term, incorporating criminal penalties for query abuse while omitting a warrant requirement for US persons.
The United States Congress has reauthorised Section 702 of the Foreign Intelligence Surveillance Act for a further 45 days, extending the wiretapping authority until 14 June 2026. The measure passed through both chambers with minor reforms but without the widely debated requirement for warrants when querying communications involving US persons.
The House approved the reauthorisation bill on Wednesday evening with a vote of 261-111. The legislation introduced criminal penalties for the intentional abuse of queries and falsification of statements to the FISA court, alongside a mandate for an independent audit by the Government Accountability Office. Despite these additions, the bill did not include the provision requiring warrants for US person data, a point of contention for privacy advocates.
While the Senate approved the 45-day extension, the process drew criticism from several legislators. Senator Ron Wyden (D-OR) had preferred a shorter three-week reauthorisation, but the Senate ultimately agreed to the longer term. Senator Tom Cotton (R-AR) supported the extension, citing an upcoming one-week recess and the necessity of the authority for US Armed Forces operations in Venezuela.
The legislation also included a provision prohibiting the Federal Reserve from issuing Central Bank Digital Currencies (CBDCs). Senate Majority Leader John Thune (R-SD) characterised the inclusion of this provision as a nonstarter, yet it was attached to the bill. The measure is based on Representative French Hill's (R-AR) Anti-CBDC Surveillance State Act.
Representative Jim McGovern (D-MA) castigated House leadership for preventing the debate or voting on amendments, describing the negotiation process as a "dumpster fire". He noted that leadership dictated every detail of the bill, preventing members from debating reforms that had previously been introduced by Republicans. Representative Jim Jordan (R-OH) remarked that the House bill included reforms he had previously supported, stating, "It ain't the same FISA."
Privacy advocates, including Jake Laperruque from the Center for Democracy and Technology, described the House bill as "empty-calories" due to the absence of a warrant requirement for querying Americans' messages. Congress now has until June 14, 2026, to negotiate further reforms to Section 702.
