Controversial FISA spying law expires tonight. The spying will continue.

As the clock approaches midnight, Title VII of the Foreign Intelligence Surveillance Act (FISA) is set to expire, leaving many to wonder about the implications for government surveillance activities. Despite Congress's inability to pass a renewal of this contentious law, the government's ability to conduct surveillance is not over. The Brennan Center for Justice at NYU School of Law has clarified that surveillance under Section 702 of FISA continues to operate under annual certifications approved by the FISA Court. The current certification is valid until March 2027, ensuring that existing surveillance activities remain in effect despite the law's expiration. Amidst the debate, some lawmakers have expressed concerns about the narrative being pushed by surveillance advocates, suggesting that Section 702 surveillance would cease if Congress does not act. The Brennan Center has countered this claim, stating that Congress has anticipated potential lapses and confirmed that Section 702 surveillance can persist under existing certifications even if the law formally sunsets. Cato Institute senior fellow Patrick Eddington echoed these sentiments, emphasizing that surveillance activities authorized by current certifications can continue uninterrupted until those certifications expire. Representative Jamie Raskin (D-Md.) reassured the public that government surveillance will remain unchanged, with all previously authorized activities continuing to operate as planned through at least March 17, 2027. Originally added to the FISA framework in 2008, Title VII, including Section 702, was most recently reauthorized in 2024 under President Biden, allowing for the continuation and expansion of warrantless surveillance. Critics, including the Electronic Privacy Information Center (EPIC), have raised alarms over the law, stating that it enables U.S. intelligence agencies to monitor foreign targets without warrants, often capturing communications from American citizens in the process. This loophole has led to concerns about the erosion of privacy rights and the unchecked power of government surveillance agencies.