FISA, a Key U.S. Spying Power, Is Expiring. What Does That Mean for Foreign Surveillance?
NYT > U.S. > Politics — 2026-06-12 10:24:00 — www.nytimes.com
Trump Warns of National Security Threat as FISA Surveillance Program Nears Lapse—But Experts Say “Going Dark” Is a Myth
As Congress failed to reach a deal to renew Section 702 of the Foreign Intelligence Surveillance Act (FISA), President Trump and other officials issued dire warnings that the United States is about to “go dark” to foreign terror plots, cyberattacks, and other threats. Trump’s administration is pushing for the program’s renewal, despite his own previous criticisms of FISA.
Trump’s Warnings and the Reality
President Trump, along with members of Congress and intelligence officials, has claimed that letting Section 702 expire would leave the country dangerously exposed. These warnings have been echoed by others, with some describing the situation as risking “catastrophe in our national security.”
However, the reality is more complicated. Legal experts and government documents reveal that a lapse in the law would not immediately halt surveillance operations. Due to annual certifications by the Foreign Intelligence Surveillance Court, the National Security Agency (NSA) could continue operating the program through March 2027, even if the statute expires. This built-in safety net means the program would not simply “go dark” at midnight.
The “Going Dark” Narrative Challenged
Privacy advocates and some lawmakers argue that the deadline is being used to create a false sense of urgency. They point out that other surveillance authorities would remain in place, and that the FISA court’s certifications were intentionally designed to prevent sudden gaps in intelligence collection.
Elizabeth Goitein of the Brennan Center for Justice calls the fear of “going dark” a “myth being used by opponents of reform to pressure members to pass either short-term extensions or bills that preserve the status quo.” Even if technology companies hesitate to cooperate without a live statute, the FISA court can compel compliance almost immediately, as past cases have shown.
Trump’s Contradictory Record
While Trump’s administration is now pushing for Section 702’s renewal, he has previously condemned both the program and FISA more broadly. This contradiction highlights the shifting political landscape around surveillance powers and privacy concerns.
Conclusion
President Trump’s warnings about the imminent loss of critical surveillance capabilities if Section 702 lapses are contradicted by legal experts and government documents. The built-in legal mechanisms ensure that intelligence collection will not suddenly stop, and the narrative of “going dark” appears to be more about political pressure than immediate national security risk. As the debate continues, the facts show that the situation is far less dire than Trump and his allies suggest.
Source: https://www.nytimes.com/2026/06/12/us/politics/fisa-expiration.html