United States. Surveillance / law enforcement access. Act

FISA 702Foreign Intelligence Surveillance Act, Section 702 (50 U.S.C. § 1881a)

Repealed/superseded
Partly verifiedMedium confidence. Status as of the June 2026 CRS sidebar. Reauthorisation bills (H.R. 8035, S. 3893) were pending; check whether Congress revived 702 after June 2026.

§1Summary

Synopsis

Authorised targeted collection of foreign intelligence from non-US persons reasonably believed to be abroad, with compelled assistance from US electronic communication service providers. The authority lapsed on 12 June 2026, but directives issued under existing certifications remain effective until they expire.

Key themes
  • foreign intelligence
  • electronic communication service providers
  • directives
  • US person queries
  • sunset
Unique features

Central to Schrems II; the 2024 RISAA expansion of the 'ECSP' definition was controversial for reaching data centre and cloud providers.

SaaS relevance

US cloud/SaaS providers may still receive directives under surviving certifications until they expire, which remains relevant to EU transfer impact assessments.

§2Obligations

Extraterritorial
Yes
Breach notification
None
DPO
No
Cross-border transfers
Relevant to EU transfer risk assessments
Maximum penalty
Contempt for refusing directives

§3Dates

Key dates
  • Adopted
  • In force
  • Reauthorised by RISAA 2024-04-20 until April 2026; short-term extensions in April 2026 (incl. Pub. L. 119-87); title VII sunset 2026-06-12; FISC-approved one-year certifications (March 2026) continue under transition clause until about March 2027.

§4Text and authority

Text
Authority
Foreign Intelligence Surveillance Court; ODNI; DOJ; PCLOB

§5Where it applies

Domestic law of
United States
Also applies in

§6Sources and verification

Sources consulted
Verification

Medium confidence.

Partly verifiedMedium confidence. Status as of the June 2026 CRS sidebar. Reauthorisation bills (H.R. 8035, S. 3893) were pending; check whether Congress revived 702 after June 2026.