National Security Tool
Officials say Section 702 is used to track foreign terrorists, hackers, weapons proliferators and hostile governments, and that it generates a significant portion of intelligence reported to the president.
In plain English
Warrantless spying on foreigners abroad.
A law that lets U.S. spy agencies tap into the emails, calls and online messages of foreigners abroad without getting a warrant for each target, as long as the goal is foreign intelligence.
Simple example
In April 2024, Congress passed the Reforming Intelligence and Securing America Act, reauthorizing Section 702 for two years after a contentious debate over privacy safeguards.
Why it matters
What the term actually changes.
Privacy Concerns
Although the law targets foreigners, communications of Americans who interact with those foreigners can be swept up and later searched, raising Fourth Amendment questions for U.S. citizens.
Recurring Vote
Because the authority must be renewed periodically, each reauthorization gives Congress a chance to add or strip privacy safeguards, making the debate a regular flashpoint.
How it works
The mechanics, in practice.
Targeting Foreigners
The attorney general and director of national intelligence certify categories of foreign intelligence targets, and agencies compel U.S. communications providers to hand over messages tied to specific selectors like email addresses.
Incidental Collection
When a targeted foreigner communicates with an American, that American's messages are also collected and stored in databases that agencies such as the FBI can later query.
Court And Audit Oversight
The Foreign Intelligence Surveillance Court reviews the program's procedures annually, and inspector general audits track compliance, including improper U.S.-person queries.
Related guide
What is Section 702 of FISA, and why is its reauthorization contested?
A look at the foreign-intelligence surveillance law Congress periodically renews, and the debate over its impact on Americans' privacy.
Read the guide → Related issue brief
Should Section 702 of FISA be reauthorized?
Congress is again divided over whether to extend a foreign-intelligence surveillance authority that critics say sweeps in Americans' communications.
Read the brief →You’ve learned the term. Now vote.
Should Section 702 of FISA be reauthorized?
Live results — 151 voters
Anonymous · one vote per person