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

Title VII of the Foreign Intelligence Surveillance Act (FISA) is set to expire at midnight tonight, June 11, 2024, after Congress failed to pass an extension. Despite the expiration of the statute, government surveillance powers under Section 702 of FISA will continue uninterrupted. This continuation is due to yearlong certifications approved by the Foreign Intelligence Surveillance Court. The Brennan Center for Justice at New York University School of Law clarified that the current certification, issued on March 17, 2026, will remain in effect until March 2027. This planned continuation means that surveillance under Section 702 will not cease, contrary to claims made by some proponents of the law. These claims suggest that Section 702 surveillance would "go dark" if Congress did not act, a scenario the Brennan Center describes as "fearmongering." The Brennan Center advocates for passing reauthorization only with protections against warrantless government access to private communications, emphasizing that Congress anticipated potential lapses and ensured continuity through existing certifications.