US Congress Lets 'Warrantless Wiretap' Law FISA Lapse

It's the U.S. law that allows wiretaps without a warrant for surveilling foreign targets. And the U.S. Congress just let it lapse. Sort of. NPR reports: 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. The tool officially lapsed at the end of the day on Friday. What happens now?

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 turn over 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.