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FISA sunset passes, surveillance continues under existing certifications

Ars Technica •
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Title VII of the Foreign Intelligence Surveillance Act expires at midnight, but the surveillance regime remains intact. Section 702, added in 2008, allows agencies to collect foreign communications without a warrant. The Brennan Center notes the law’s year‑long certifications, issued by the Foreign Intelligence Surveillance Court, keep the program alive until its current certification lapses in March 2027, and its impact on privacy debates.

Congress failed to pass an extension, prompting hawks to claim a June 12 blackout. Both the Brennan Center and Cato Institute refute that, explaining the transition provision lets existing certifications and provider directives continue after sunset. Rep. Jamie Raskin warned that nothing changes for users; all authorizations already in motion will persist through the 2026‑2027 certification period, for both telecoms and end users alike.

Critics argue the loophole routinely sweeps American messages into foreign‑target collections, expanding warrantless spying. EPIC stresses that without reform, agencies can monitor U.S. citizens simply because they communicate abroad. With the law’s sunset irrelevant to ongoing operations, the debate shifts from expiration to whether Congress will impose meaningful safeguards before the next certification expires, and could shape future intelligence statutes.