The House Intelligence Committee meets to discuss emerging technologies in February 2020. The Intelligence Committee has taken a leading role in the debate surrounding FISA Section 702, a useful intelligence tool that nevertheless has the potential for abuse. (X.com/Adam Schiff)

America’s Spy Agencies Have Been Flying Blind for Two Weeks. Has It Mattered?

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The expiration of Section 702 appears likely to continue for some time, due to political gridlock on Capitol Hill.

Section 702 of the Foreign Intelligence Surveillance Act (FISA) officially expired on Friday, June 12, more than two weeks ago—with major consequences for the US intelligence community.

During its existence, the law gave significant latitude to the intelligence community to operate against foreign targets without the need for judicial oversight. Proponents have argued that its absence could create dangerous blind spots against foreign adversaries. Conversely, civil-liberties advocates have seen a rare opportunity to scale back a surveillance authority that has expanded and expanded, repeatedly sweeping up Americans’ communications without warrants. The debate now centers on a fundamental question over how to balance security with liberty. 

Why FISA Section 702 Has Been Controversial for Years

The broader FISA law was first passed by Congress in 1978, in the aftermath of the Watergate scandal. During the 1960s and early 1970s, few limitations existed on the collection of foreign intelligence on US soil. This made it easy for America’s intelligence agencies to operate inside the United States, but it also meant that the agencies could be misused for political ends. Indeed, the “smoking gun” tape that led to President Richard Nixon’s resignation in 1974 concerned an attempt to........

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