The Lawfare Podcast Lawfare Archive: FISA 702 Passes the House
Jan 1, 2026
Molly Reynolds, a Senior Editor at Lawfare and a policy expert, joins Stephanie Pell, also a Senior Editor with extensive knowledge of surveillance law, and Preston Marquis, a student contributor focused on national security. They dive deep into the recent House vote on FISA Section 702, exploring the contentious warrant requirements for U.S. person queries. The discussion reveals the intricate dynamics at play, including bipartisan tensions, political concessions on reauthorization duration, and the implications for civil liberties. Key takeaways offer insight into the legislative process and surveillance law’s future.
AI Snips
Chapters
Transcript
Episode notes
702's Incidental U.S. Person Problem
- Section 702 targets non-U.S. persons abroad but frequently yields incidentally collected U.S. person data during communications.
- The base bill narrows who can authorize U.S. person queries and removes queries solely seeking criminal evidence.
Warrant Requirement Was The Central Flashpoint
- The central fight was whether the FBI must obtain a warrant before querying 702-collected data about U.S. persons.
- The House rejected the warrant amendment in a 212-212 tie, so no warrant requirement passed.
Two-Year Reauthorization As Political Compromise
- The House shortened reauthorization from five years to two years to placate skeptical Republicans.
- That two-year term preserves leverage for opponents if political control shifts.