As of October 2026, Section 702 has lapsed in statute but existing collection continues under court approval. President Trump backed an 18-month extension in April 2026 while Congress failed to pass one. Section 702 is the law that lets intelligence agencies collect foreign-target communications without an individual warrant. This FAQ explains what it covers, why it lapsed, and what it means for cross-border calls and emails.
Table of Contents
- What does Section 702 allow?
- What did President Trump ask Congress to do?
- Why did the law lapse in June 2026?
- Is collection still happening?
- What should you assume about your messages?
What does Section 702 allow?
ODNI explains in how targeting works under Section 702 that collection targets non-U.S. persons reasonably believed to be outside the United States. The purpose must be foreign intelligence. Targeting follows court-approved rules.
Americans are not targets, but their calls and emails with foreign targets can be incidentally collected. ODNI minimization rules then control retention, sharing, and querying of that material. The Privacy and Civil Liberties Oversight Board reported April 2, 2026 that 2024 reforms were having positive privacy effects, especially for U.S. persons.
What did President Trump ask Congress to do?
The Associated Press reported in Trump's April extension request that he urged an 18-month extension in April 2026. He distinguished Section 702 from a different FISA provision he said was used against his 2016 campaign.
His position supported keeping the foreign-intelligence program operating while lawmakers debated privacy changes. Some lawmakers wanted a warrant rule for searches of Americans' information. That dispute helped stall a longer deal.
Why did the law lapse in June 2026?
The House rejected a short-term extension to July 2 on June 11, 2026, by 198-218. The Guardian reported 19 Republicans joined most Democrats in opposition.
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The Dispatch described in account of the June lapse how the statute then lapsed on June 12, 2026. That was the first lapse in nearly 18 years.
Is collection still happening?
Yes, for existing authorizations. EFF summarized in summary of transition-period collection New York Times reporting that the Foreign Intelligence Surveillance Court recertified the program March 17, 2026. A transition provision lets that collection legally continue through about March 2027.
That bridge does not resolve the policy fight. Congress still must decide whether to reauthorize, reform, or add warrant protections. FBI practice has already tightened under post-2024 rules, with Just Security citing ODNI data showing U.S.-person queries fell to 5,518 in 2024.
What should you assume about your messages?
Assume a call or email with a person abroad may be retained if that person is a foreign-intelligence target. Query rules limit how analysts can later search for Americans' information, but they do not prevent initial incidental collection. For routine cross-border contact, practical steps help: Check the provider policy before you share financial, health, or account identifiers across borders.
- keep sensitive personal details out of international calls and emails when possible
- use service providers that publish government-request policies
- save records of official notices if your information becomes part of a legal case
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