Congress is set to take up the renewal of Section 702 of the Foreign Intelligence Surveillance Act as the program nears a Monday expiration, after President Donald Trump said he supports extending the authority for 18 more months.
The program lets U.S. spy agencies pore over foreigners’ calls, texts and emails, while also sweeping in the conversations of Americans who communicate with them. Critics want warrants before authorities can access Americans’ emails, phone calls or text messages, and they want tighter limits on the government’s use of internet data brokers.
Trump announced his support on social media Tuesday and said the program had proved its worth in supplying information vital to recent U.S. actions in Venezuela and Iran. He wrote, “The fact is, whether you like FISA or not, it is extremely important to our military,” and urged lawmakers to extend the foreign surveillance program for 18 more months. In another post, he said a different FISA provision was used to spy on his 2016 campaign, a reminder that his backing now comes despite his own long-running suspicions about the law.
Section 702 is a key provision of the Foreign Intelligence Surveillance Act and allows the CIA, National Security Agency, FBI and other agencies to collect and analyze vast amounts of overseas communications without a warrant. Supporters say it is essential to national security and has saved lives by uncovering terrorist plots. Critics have long argued that the program’s reach into Americans’ communications is too broad, and that concern has only grown as lawmakers debate whether to add warrant requirements and new limits on data brokers.
Trump’s endorsement makes sweeping changes less likely. He once opposed Section 702, but this time he paired his support with a defense of the reforms, writing, “My administration has worked tirelessly to ensure these FISA reforms are being aggressively executed at every level of the Executive Branch to keep Americans safe, while protecting our sacred Civil Liberties guaranteed by our Great Constitution.” That leaves lawmakers heading into the deadline with a narrower path: extend the program, revise it modestly or let the fight spill into another round over how much surveillance the government should be allowed to conduct without a judge’s approval.
