A key U.S. spy tool is set to lapse on Friday — now what?

A view of the U.S. Capitol dome on June 4, 2026. Efforts in Congress to renew a key surveillance tool failed before the House left Washington, D.C. this week for a scheduled recess. Kent Nishimura/AFP via Getty Images hide caption

Congress is about to let a key spy tool, Section 702 of the Foreign Intelligence Surveillance Act, lapse.

Each year, the provision is used by American intelligence agencies to collect the electronic communications of hundreds of thousands of foreigners located outside of the United States.

The government says that more than 60% of the president's daily intelligence briefing relies on information collected under the authority.

Intelligence collection under FISA's Section 702 is authorized annually by a federal court — and the law allows for that collection to continue for the duration of the court's authorization, even if the law lapses before the court's next approval. That means companies — electronic communications service providers, in this context — will still be legally required to turn over material to intelligence agencies.

Still, some lawmakers worry that the companies compelled to turnover communications may attempt to challenge the law in court, possibly leading to an indeterminately long window during which they stop providing intel.

Advocates on all sides of the surveillance fight believe those challenges are ultimately likely to fail — but those closely linked to the intelligence community emphasize that even a small pause comes with risks ahead of major events like America's 250th celebration and the World Cup .

Glenn Gerstell, who served as general counsel at the National Security Agency during the second Obama and first Trump administration, says he doesn't believe Section 702's lapse to be a sky-is-falling moment — but that Congress could have chosen to avoid any issues by passing an extension.