What is FISA Section 702?
FISA Section 702 is a US provision on intelligence gathering aimed at people outside the United States, carried out with the help of US communication providers.
The provision is part of the Foreign Intelligence Surveillance Act. A special court approves the framework for the activity each year, and no separate order is needed for each person targeted.
In April 2024 the provision was extended, and the range of providers that can be directed to take part was widened. It lapsed on 12 June 2026, when Congress did not agree on a further extension.
According to the Congressional Research Service, the activity continues under the approvals the FISA Court granted in March 2026, which last for a year. This reflects the position in October 2026 and may since have changed.
How it works
Collection is aimed at foreign intelligence targets. Providers can be directed to hand over communications relating to those targets, under rules the court has approved in advance. The form differs from an ordinary criminal investigation, where each order is reviewed on its own.
Why it matters
The EU Court of Justice pointed to the provision in the Schrems II ruling, when the earlier transfer framework was struck down. The limits the United States introduced afterwards underpin the current EU-US Data Privacy Framework.
What to keep in mind
The provision's future is decided in the US Congress. It may be renewed, changed or remain lapsed, so check the situation when you make an assessment.
The question is about who the provider is. Where the servers are matters less for whether a provider can be directed to take part.
What it means for you
Find out whether the supplier, or anyone in its chain of sub-suppliers, is a US provider of communication or cloud services.
Common questions
Does FISA Section 702 still apply?
The provision lapsed in June 2026. According to the Congressional Research Service, the activity continues until March 2027 under approvals already granted. The situation may change.
Who can be directed to take part?
US providers of electronic communication services. Since 2024 this also includes other service providers with access to equipment on which communications are transmitted or stored.
Sources: Congressional Research Service on the repealReforming Intelligence and Securing America Act at govinfo
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