Expiring spy law sparks warnings of 'fatal' consequences ahead of World Cup

One of the government's most powerful surveillance tools will go dark this weekend, and lawmakers aren't sure what that means for the nation's intelligence-gathering authorities. 

But there are differing trains of thought on the ramifications of failing to renew the program. Some lawmakers argued that an extension was not necessary given that FISA courts had authorized continued intelligence gathering until March 2027. 

Others say that it opens up the possibility for telecommunications and major tech companies like Google to decline handing over information without explicit direction from Congress.

"We don't know the answer to that," Sen. Mark Warner, D-Va., the top Democrat on the Senate Intelligence Committee, said. "But it is, obviously, a high-risk proposition." 

Boiled down, the Section 702 program allows the U.S. government to collect intelligence on foreigners abroad who are using U.S. communication systems, and it serves as a major part of Trump's daily intelligence briefing. 

"That is a gray area, and it's one of the things that we're going to have to work through," House Minority Leader Hakeem Jeffries, D-N.Y., told Fox News when asked whether providers would still continue to share information with the government if the program was not authorized.

Sen. John Kennedy, R-La., contended that there were already thousands of FISA certifications approved, it's just that new certifications wouldn't be allowed until the program was reauthorized.

"It's not like that will be the end of our ability to surveil foreign terrorists," Kennedy said. 

Many lawmakers remain unwilling to back a renewal of the program while Pulte continues serving in the acting role.

Meanwhile, the House is scheduled to begin a week-long recess next week, meaning that even if there is a resolution in the Senate in the coming week, the program will likely remain dark until they return. 

The program's expiration marks the first extended lapse since it was enacted in 2008. The Trump administration has argued that the surveillance authority is a critical national security tool, crediting it with helping foil a mass-casualty terror plot targeting a 2024 Taylor Swift concert in Austria and combat North Korean hackers, among other successes.

"If we don't extend it for at least a few weeks while we continue to try to work on our differences, the consequences could be severe," Cotton said. "The consequences, to be frank, could be fatal."

Still, Democrats counter that had Trump not appointed Pulte, or at least waited until the reauthorization was completed, Congress would not be in the current logjam. 

"I cannot stress enough to you that none of this, none of this needed to happen," Warner said.