FISA, a Key U.S. Spying Power, Is Expiring. What Does That Mean for Foreign Surveillance?
NYT > U.S. > Politics — 2026-06-12 23:00:00 — www.nytimes.com
Trump’s Dire Warnings on Surveillance Lapse Clash with Legal Reality
A key surveillance authority, Section 702 of the Foreign Intelligence Surveillance Act (FISA), expired early Saturday after Congress failed to reach an agreement on its renewal. President Trump, along with members of Congress and intelligence officials, warned that the lapse would cause the United States to “go dark” to foreign terror plots, cyberattacks, and other threats. However, the situation is more complex than the president’s warnings suggest.
Trump’s Position: Urgent Warnings of National Security Risks
President Trump and his administration have pushed for the renewal of Section 702, arguing that its expiration would leave the country vulnerable to catastrophic threats. Trump’s warnings were echoed by other officials, who described the lapse as risking “catastrophe in our national security.”
Yet, this sense of urgency is disputed by lawmakers and privacy experts who point to a legal technicality: the program can continue operating for nearly a year under existing court certifications, even without the statute in force. This means the government’s surveillance capabilities are not immediately crippled, as Trump and others have implied.
Contradictions in Trump’s Record
While Trump’s administration is now advocating for Section 702’s renewal, he has previously condemned FISA and the broader surveillance apparatus. This contradiction highlights the shifting stance Trump has taken on surveillance powers, depending on the political context.
Fact-Checking the “Going Dark” Claim
Privacy advocates and some lawmakers argue that the deadline is largely a mirage, designed to create a false sense of urgency. Elizabeth Goitein of the Brennan Center for Justice notes that the fear of “going dark” is “a myth being used by opponents of reform to pressure members to pass either short-term extensions or bills that preserve the status quo.” The law’s built-in safety mechanisms allow surveillance to continue under current certifications, and companies have little incentive to halt cooperation.
Political Maneuvering and Delays
The renewal has also been delayed by Trump’s insistence on appointing Bill Pulte, a loyalist, as acting director of national intelligence, which has drawn opposition from Democrats and some Republicans. Trump has not backed away from this choice, further complicating efforts to pass an extension.
Conclusion
President Trump’s warnings about the immediate dangers posed by the lapse of Section 702 do not align with the legal and operational realities. While the administration claims the country will “go dark,” the law’s structure ensures surveillance can continue for months, and experts say the urgency is overstated. Trump’s shifting positions on FISA and the political standoff over his personnel choices have further muddied the debate, leaving the future of this key surveillance tool uncertain—but not as dire as he claims.
Source: https://www.nytimes.com/2026/06/12/us/politics/fisa-expiration.html