702 Watch: America's Surveillance Bargain

Congress passed the FISA Amendments Act, codifying warrantless collection of foreign-located targets' communications, including incidental U.S. person data. Signed by President Bush.

Five-year renewal passed with little floor debate. Civil liberties objections raised by Sens. Wyden and Udall were largely ignored. Pre-Snowden — the program's scope was still classified.

Edward Snowden leaked NSA documents to The Guardian and Washington Post, revealing the breadth of 702 collection including PRISM and upstream collection. Triggered global debate and Congressional hearings.

After intense debate and a failed House attempt to add warrant requirements for U.S.-person queries, Congress reauthorized 702 for six years with modest new reporting requirements but no warrant requirement.

Congress could not agree on reform terms. Section 702 was extended via the National Defense Authorization Act through April 2024, kicking the debate to an election year.

House passed a three-year reauthorization with additional oversight mechanisms and restrictions on how incidentally collected American data may be queried. Senate faces significant bipartisan resistance.