Home

Tracker Detail

Section 702 of FISA Amendments Act of 2008

Return to policy tracker

Name
Type
Government
Date Initiated
Status
Last Updated

Summary

Section 702 of the Foreign Intelligence Surveillance Act (FISA) of 1978 authorizes the U.S. government the collect foreign intelligence and conduct electronic surveillance on non-Americans located outside the United States without a warrant. The law prohibits the intelligence community from using Section 702 programs to target Americans, but it has numerous loopholes that give intelligence agencies the ability to sweep in Americans’ communications. First passed in 2008 as part of amendments to FISA, it has been extended multiple times.

Updates

November 7, 2023. The Government Surveillance Reform Act of 2023 was introduced in the House of Representatives. It would curtail Section 702’s abuses and limit the ability of government agencies to buy sensitive data, including location data, from data brokers. A companion bill was introduced in the Senate.

November 12, 2023. Protect Liberty and End Warrantless Surveillance Act of 2023 (PLEWSA) was introduced in the House to reform certain authorities in FISA and to provide greater transparency and oversight.

December 6, 2023. PLEWSA passed out of the House Judiciary Committee on a bipartisan 35–2 vote.

December 13, 2023. The House failed to agree on bringing the reform bills to the floor for a full vote.

December 14, 2023. Congress voted to reauthorize Section 702 with no changes as part of the National Defense Authorization Act of 2023.

Further reading