Lawmakers weigh delay in Section 702 fight

Sen. Tom Cotton is advancing a proposal that would push the debate on Section 702 surveillance powers well into 2027, offering an 18-month clean extension to avoid a divisive reauthorization battle next spring, reports The Record, a news site by cybersecurity firm Recorded Future.

According to congressional sources, Cotton's plan pairs the temporary renewal with steps to finally activate the long-stalled FISA Reform Commission, which was authorized last year but never launched. Supporters hope the dual approach could appease both national security advocates who want the program intact and privacy-minded lawmakers pressing for limits on government surveillance.

Section 702, first enacted in 2008, allows warrantless monitoring of foreign targets but also sweeps up Americans' communications, a practice critics call a "backdoor" search that undermines Fourth Amendment protections. Previous renewal fights have been highly contentious, narrowly passing Congress and President Biden's desk last year.

Privacy groups warn that extending the program without reform would be unacceptable, with Jeramie D. Scott of EPIC stating that "a clean refresh of FISA Section 702 would show utter disrespect for the American people."