Warrantless Spying Continues
US Spying Program Section 702 Expires Without Congressional Extension, Continues Under Court Order
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Section 702 of the Foreign Intelligence Surveillance Act officially expired Friday night — the first time the law has lapsed since Congress created it in 2008 NBC Boston. The program allows U.S. intelligence agencies to collect emails, texts, and calls from foreign targets abroad, even when those communications pass through American networks.
Congress left town without passing an extension after a 198-to-218 House vote failed on June 11 Axios. Democrats blocked the measure over President Trump's appointment of Bill Pulte — a housing finance official with no national security experience — as acting Director of National Intelligence CBS News.
Why Democrats Pulled the Plug on a Spying Renewal
House Minority Leader Hakeem Jeffries called Pulte a "political hack" and "malignant clown," saying Americans should not trust their privacy to him The Guardian. The core fear: Pulte's time running the Federal Housing Finance Agency — where he oversaw over $10 trillion at Fannie Mae and Freddie Mac — included criminal referrals against Trump's political rivals, including Rep. Adam Schiff Just Security.
Trump tried to ease the standoff on June 11 by nominating Jay Clayton, the U.S. Attorney for the Southern District of New York, as permanent DNI PBS News. But Trump did not remove Pulte from the acting role. Democrats said the move was a "bait and switch" and held firm Axios.
The Program Is Expired but Still Running — Here's Why
The surveillance did not stop at midnight. The Foreign Intelligence Surveillance Court issued a yearlong recertification of the program in March 2026. That court order stays in force until March 17, 2027, regardless of what Congress does Cato Institute. Under this "grandfathered" authorization, the government can still compel tech companies like Google and AT&T to hand over data.
However, the government cannot issue new types of collection orders until Congress renews the law Brennan Center. Legal experts warn that without a clear statutory basis, tech companies may be more willing to challenge surveillance demands in court — potentially shutting down parts of the program piece by piece TIME.
Intelligence Officials Warn of Real Security Gaps
Glenn Gerstell, a former NSA General Counsel, warned that Section 702 supplies roughly 70% of the intelligence in the President's Daily Brief TIME. Trump himself posted on Truth Social that the program is "very important to our Military," citing upcoming events like the World Cup and America250 celebrations as reasons for urgency The Guardian.
Officials say the lapse creates gaps in tracking "sanctions evaders, narco-terrorists, and ISIS" during a period of heightened international tension NBC Palm Springs. House Speaker Mike Johnson blamed Democrats for "holding critical national security programs hostage over an executive appointment."
Civil Liberties Groups Say the Expiration Is a Win
Not everyone sees the lapse as a crisis. The Electronic Frontier Foundation and EPIC called warnings about the program going dark "fearmongering" EFF. They argue the expiration is a necessary pressure point to force Congress to add a warrant requirement before agents can search the database for Americans' communications.
Senator Ron Wyden of Oregon has long pushed for that warrant requirement, blocking last-minute Senate extensions to keep pressure on Engadget. The House is not scheduled to vote again until June 23, meaning the standoff over Pulte's acting role versus Clayton's permanent nomination will likely drag through the summer Engadget.
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