Oversight Projects

The Board released its updated Report on the Surveillance Program Operated Pursuant to Section 702 of the Foreign Intelligence Surveillance Act on September 28, 2023. Subsequently, FISA Section 702 was reauthorized for two years under the Reforming Intelligence and Securing America Act of 2024 (RISAA). In advance of Section 702’s April 19, 2026 sunset date, the Board will provide an update to its 2023 report, focusing on recent changes to the program. Notably, RISAA imposed new requirements for and limitations on Section 702, including more stringent requirements for certain FBI queries, increased training and reporting requirements, new disciplinary rules for noncompliance, and mandatory use of FISA Court amici in Section 702 certifications. RISAA also expanded certain aspects of the program, including an expansion of the definition of “electronic communications service provider;” an expansion of the definition of “foreign intelligence information” to include the international production, distribution, and financing of certain drugs and precursors; and an expansion of the use of Section 702-acquired information for vetting non-US persons traveling to the country. The Board will evaluate Section 702 programmatic changes and compliance since 2023, including the impact on U.S. persons. In particular, the Board will evaluate how the Intelligence Community (IC) has implemented legislative changes as well as technical, policy, and procedural updates to the program that impact privacy and civil liberties.