Why Congress is fighting over a central tool of American surveillance

Section 702 of the Foreign Intelligence Surveillance Act is responsible for a huge share of intel collected by the U.S. Lawmakers and civil liberties advocates are worried it enables warrantless spying on U.S. citizens.

A key tool of the U.S. spy community will expire this month without action from Congress. The government says the intel gathered through the provision — Section 702 of the Foreign Intelligence Surveillance Act, or FISA 702 — underpins a majority of the articles in the president’s daily intelligence briefing and is a key asset in international counterterrorism and the fight against trafficking.

But a number of lawmakers, both Republicans and Democrats, are concerned that FISA 702 allows for the federal government to spy on the communications of American citizens without a warrant, violating their constitutional right to privacy.

The looming fight to bolster the law’s civil liberties protections is likely to be bruising — and the provision’s advocates claim it could jeopardize national security.