Both chambers of Congress have left town, meaning that FISA Section 702 won’t be reauthorized by the June 12 “deadline”. Even though the lapse is likely to be temporary, it’s still a big deal. This is the first time these authorities have lapsed since they were put in place in 2008 — the year Get FISA Right started. So thanks to all the legislators in both parties who voted “no” … and thanks to all the activists who have gotten involved over the years!
In practice, though, the lapse doesn’t make a lot of difference in the short term. The FISA Court certifies programs for a year at a time, so section 702 surveillance will continue until March 2027; Patrick Eddington’s FISA Section 702 Lapse Assured—What Now? on cato.org has the details.
Still, a lapse really is a big victory for reformers. Intelligence agencies and surveillance hawks hate hate hate the idea of reforms, and two years ago they were able to get a reauthorization without conceding. That didn’t work this time.
And it’s really worth highlighting the bipartisan pus for reforms. 9 House Republicans voting against the reauthorization, and Senate Republicans including Mike Lee and Rand Paul also said that a reauthorization without reforms was a non-starter. While Trump’s appointment of the odious Bill Pulte was a key reason that Democratic leaders finally rallied against reauthorization, the statement from House Democratic leadership also highlighted that the path to reauthoriation “will require enacting meaningful reforms”
As Jake Leperruque says in the Washington Examiner, there’s only one way out of Congress’s FISA quagmire; congressional leaders need to “stop stonewalling and allow votes on reforms, which until now had always been the expected norm.” EPIC Privacy notes
“Senators from both sides of the aisle have introduced bills that would reauthorize Section 702 while making crucial reforms: The Government Surveillance Reform Act of 2026 (GSRA); the Security and Freedom Enhancement Act of 2026 (SAFE Act); and the Protect Liberty and End Warrantless Surveillance Act of 2026 (Protect Liberty Act).”
All of these include reforms like a warrant requirement and closing the data broker loophole, which have broad public support as well as bipartisan support in Congress.
What next? The House is on recess until June 23, but they might well take FISA up again once they get back. Or, the Senate might decide to take another crack at it. Not long after the vote, Trump announced that he was nominating Jay Clayton (US Attorney in Manhatten, and former chair of SEC) as permanent Director of National Intelligence. Even though Clayton is statutorially unqualified for the role (since he doesn’t have any intelligence experience), he’s not Pulte, so surveillance hawks are probably hoping that will be enough to change the dynamics. So we shall see …
Right now, though, it’s a good time to thank your Representatives if they voted “nay” today — or let them know you’re disappointed if they voted “yea.”. Here’s the roll-call vote.
- The US Capitol switchboard at 202-224-312 is a good option if you want to hone — or just call their DC or local office directly.
- The Representative Directory links off to their websites, if you prefer to use a webform,
Your message doesn’t have to be fancy! Here are sample scripts.
If your representative voted “no”, thank them!
I’m [NAME], and I’m a constituent from [CITY]. I want to thank [REPRESENTATIVE NAME] for voting against the three-week extension to FISA Section 702. This is our best chance yet to reform FISA, and there’s broad bipartisan support for a warrant requirement and closing the data broker loophole. When the House takes up this issue again, please continue to vote against any reauthorization that does not include these reforms
If your representative voted “yes” and is a Republican, let them know you’re disappointed!
I’m [NAME], and I’m a constituent from [CITY]. I I was very disappointed that [REPRESENTATIVE NAME] voted for a reauthorization of FISA Section 702 without any reforms on June 11. Reforms like a warrant requirement and closing the data broker loophole have broad bipartisan support; 19 Republicans voted against this extnesion, and I was really hoping [REPRESENTATIVE NAME] would be one of them.
When the House takes up this issue again, please against any reauthorization unless it includes these reforms. Now more than ever in the era of mass AI, personal privacy and civil liberties must be protected.
If your representative voted “yes” and is a Democrat, let them know you’re disappointed and highlight the threat of the Trump administration!
I’m [NAME], and I’m a constituent from [CITY]. I I was very disappointed that [REPRESENTATIVE NAME] voted for a reauthorization of FISA Section 702 without any reforms on June 11. The Trump administration has shown they can’t be trusted, and their nominee for Director of National Intelligence is unqualified. Reforms like a warrant requirement and closing the data broker loophole have broad bipartisan support.
When the House takes up this issue again, please against any reauthorization unless it includes these reforms. Now more than ever in the era of mass AI, personal privacy and civil liberties must be protected.
Get FISA Right 