Congress can finally close a mass surveillance loophole — but will they?

An eye with a camera lens instead of a pupil over a background of location pins.

A warrantless wiretapping authority that has facilitated surveillance for decades is up for renewal in Congress. Section 702 of the Foreign Intelligence Surveillance Act (FISA), last reauthorized in 2024, is set to expire on April 20th. A bipartisan coalition of progressive Democrats and members of the hard-right Freedom Caucus say it’s long overdue for reform. But they’re up against powerful figures in both parties who want to deliver a “clean” reauthorization, even as critics warn the rule is allowing President Donald Trump’s administration to spy on anyone – even Americans.

Section 702, first enacted in 2008, formally allows for the surv …

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