FISA 702: 278,000 improper FBI searches — renewed anyway

Section 702 allows spying on foreigners abroad — but Americans' communications get swept in. The FBI improperly searched Americans' data 278,000 times in two years. Congress renewed the program anyway — until April 2026.

Law RISAA, Pub. L. 118-49 Sunset 20 April 2026

How it works

Section 702 lets the NSA compel providers to intercept targets abroad — without individual warrants. Collateral: Americans’ communications with those targets are captured and become searchable. The FBI may search this “incidentally collected” data.

The numbers

Debunking

False: “FISA 702 only targets foreigners.” — That is the letter of the law; the practice sweeps in Americans. The FISC itself spoke of “widespread violations”.

Sources

  1. CRS Report R48592
  2. Lawfare explainer
  3. Brennan Center resource page