Victory: Section 702 Has Expired

• Section 702 of the Foreign Intelligence Surveillance Act (FISA), which allows warrantless intelligence collection on foreigners but sweeps in American data, expired on June 12, 2026.
• Congressional gridlock over a new DNI nominee has stalled the program's reauthorization.
• The EFF maintains that any renewal must include a warrant requirement for FBI searches of Americans’ communications.

Context of Expiration

• The program's authority expired at midnight on Friday, June 12, 2026.
• Congress previously utilized short-term extensions to avoid this lapse while seeking a long-term consensus.

The Role of the DNI Nomination

• The current stalemate follows President Trump’s nomination of Bill Pulte to replace outgoing DNI Tulsi Gabbard.
• Bill Pulte, the current director of the Federal Housing Finance Agency (FHFA), lacks background in intelligence, the military, or Congress.
• Senate Democrats and House members have refused to advance reauthorization legislation due to concerns regarding the nominee's qualifications and potential program abuse.

Reform and Oversight

• The EFF argues that reliance on one individual is insufficient for security; systemic transparency and accountability are required.
• There is growing bipartisan support for fundamental reforms, specifically mandated warrants for "backdoor searches" of American citizens' data.
• Until a reform-focused bill is passed, the EFF advocates for the program to remain expired.