Watch Out: 2026 FISA 702 Reauthorization
The authority for the United States government to capture the electronic records of all Americans without warrant falls under the auspices of FISA-702. The current authority expires in April of 2026.
Some administrative state defenders will argue this issue with me. However, having researched almost every aspect to the construct, and the argument, I am confident FISA-702 authority underpins the much bigger, quasi-constitutional justification for the wholesale collection of U.S. citizen metadata. Without the 702 authority, the legal justification for the apparatus of surveillance no longer exists. It really is that simple.
That said, there remains ZERO justification for the wholesale capture of U.S. citizen data by the government. It is not the searching of the database that presents the issue; the capture itself violates the Fourth Amendment.
The only way the government can justify the capture of U.S. Citizen data is if there is some quasi-constitutional or national security reason for it. That’s where FISA-702 comes in.
Take away “702” search authority, and the data collection argument collapses; ANY “incidental” search of the database then loses any plausible legal justification. 702 is the camel’s nose under the tent that forms the baseline for all data records to be intercepted, stored and ultimately available for review.
This is a very key component to fully understand. Most practical applications of surveillance are contingent upon the capture of electronic records for tracking. Ex. – if domestic travel records are considered private papers (never argued yet), then government agencies have no right to exploit them without a valid search warrant underpinned by a national security justification. The government, not private sector – government, tracking people becomes more difficult if privacy rules are applied.
The legal aspect runs through the 4th Amendment, which -while historically undefined in the modern era- likely stirs in the background of the recent TSA decision to provide a $45 opt-out, for the use of REAL ID in domestic transit (interstate commerce application notwithstanding).
The Fourth Amendment aspect to the ‘warrantless’ government capture of American citizen records has never been fully argued in court; the modern definitions are opaque, and the govt has a vested interest in retaining the untested status quo.
The Intelligence Community (IC) has told Congress, particularly the House and Senate Intelligence Committees, that all hell will break loose if they don’t reauthorize full electronic surveillance of Americans.
Congress has historically been scared of the “seven ways from Sunday” IC. However, now Director of National Intelligence Tulsi Gabbard is attempting to change things; specifically change things as they pertain to the domestic use of the intelligence agencies.
As the counterargument is made, House Speaker Mike Johnson, and all of the key participants, are siloed from understanding that 702 has nothing to do with incidental collection of American data, whilst the honorable IC were doing foreign intercepts.
According to intelligence experts, Speaker Johnson and most Republicans believe the IC justification, and perhaps many of them pretend not to know the alternatives. I do not buy this argument, because too much recent evidence exists to sell the story that Congress is unknowing of how this metadata capture is being continually exploited.
The only way to really test congressional knowledge is to question them. No one is questioning them.
In my opinion, the politicians and their key staff pretend they cannot fathom how the FBI, DOJ, NSD, DHS and contractors use this database to conduct political and “other” (think corporate espionage for sale) surveillance. When you engage with them, you realize they really do put on a great show proclaiming the IC is full of honorable rank-and-file, trying to walk a fine line between the 4th Amendment and exploitation. The counter position is akin to them living in a DC bubble.
The IC argument is now something akin to how we have let thousands of terrorists into the country through the southern border crisis. They say: “My god, we need to monitor the terrorists, and if you take away the 702, the foreign terror cells will activate and start killing us all. Do you want that blood on your hands?” You cannot take away surveillance tools.
Then you overlay the FISA 702 reauthorization argument, as used as a bargaining chip by the same people who don’t want to get caught up in the surveillance.
The DC conversations end up like, “Ok, we’ll reauthorize it, but you cannot use it against us – and all the sex parties and perverted stuff we do when no one is around; you must promise to keep our secrets hidden“… Then, just like the 2024 reauthorization change, they exempt themselves.
The IC agree to accept a reauthorization that exempts Congress. The IC keep the process – just promise not to use it against Congress. This outlook is what we see visible in the CR bill extension that included forbidding the FBI from seeking search warrants against Senator’s telecommunications, and this outlook is highlighted by Elise Stefanik demanding that Congress be notified if any federal candidate for office is under investigation. The Big Club protects the Big Club.
Unfortunately, ‘We The People’ do not have many friends in DC on this issue, other than a very small group in/around Tulsi Gabbard’s office, and they are constantly under attack.
The DC UniParty will attempt to reauthorize 702 to continue exploiting their surveillance authority. Do not forget, now we have over 10,000 log-in portals with access to the NSA database exist, including the workstation at Perkins Coie that tied into the NSA database {GO DEEP}.
♦ Here’s where we need to stay elevated, as the DC manipulation toward their 2026 end goal starts to become visible.
The Intelligence Authorization Act (IAA) and the National Defense Authorization Act (NDAA) are currently being worked and updated within the legislature. As we saw with Elise Stefanik’s amendment, the IAA/NDAA votes are being purchased right now.
The NDAA secures funding for the industrial war machine and members of the Senate Armed Services Committee (via lobbyist spending) [Republicans love Money]. The IAA secures funding for the Fourth Branch of government, and the Senate Select Committee on Intelligence (via deep state control) [Democrats love Control].
In January 2026, the short-term Continuing Resolution that reopened government will end.
Why this aspect matters. Fiscal year 2026 needs to be fully funded at the same time legislation for the IAA/NDAA is more than likely to be updated.
My suspicion is that all of the required funding, along with the passage of the IAA/NDAA, will be wrapped into one legislative package so that all of the ugly is hidden by all of the mandatory, and that’s where the FISA-702 angle comes into play.
We need to keep an eye open for the 702-reauthorization getting pulled into this pending legislative mess.
After spending several years asking every representative of consequence why they support the FISA-702 process, I can tell you every one of them says they believe it is needed, because the IC tells them there are just too many domestic terror threats that need to be monitored.
It is almost impossible to find a person in DC who will forcefully try to stop FISA-702 reauthorization.
If you ask me why in hindsight, I now take the position that FISA-702 is the gateway to the massive surveillance system currently being put into place using Real ID and the AI facial recognition software provided by Palantir (CIA exploit). In essence, the gateway that allows the full-scale surveillance state, is opened by the prior authorization of FISA-702 that negates any 4th Amendment protection.
BIG Why? Because all of the surveillance mechanisms within the network being updated and enhanced by AI search and capture, comes from the IC being allowed to exploit the NSA database. That same database access allowance is the targeting mechanism for FISA-702. If warrantless searches of the NSA database were stopped, the Palantir/IC and Tech Bro collaboration could hit a brick wall.
The significance of this FISA-702 issue is much bigger than most can appreciate.
This surveillance underpinning also reconciles many of the puzzled faces when it comes to who is permitted nomination and who is not. The DC Deep State confirmed both Kash Patel to be Donald Trump’s FBI Director (SSCI), and Pam Bondi to be U.S. Attorney General (SJC). Both Bondi and Patel are expressed believers in the value of FISA-702.
You might even remember this odd question from October of this year that came out of nowhere. Attorney General Bondi literally read a script on the issue that was prepared for her. WATCH:
Additionally, the nomination of Tulsi Gabbard to be Director of National Intelligence was initially opposed by the Senate Select Committee on Intelligence (SSCI), until she acquiesced and agreed there was value in the FISA-702 process.
To explain how serious this issue underpins the control elements of Washington DC, watch this next clip as Senator Lindsey Graham starts foaming at the mouth and yelling about something that doesn’t even exist.
FISA-702 ONLY pertains to the private conversations of AMERICANS, not – I repeat – not any intercept or communication method that has to do with a foreigner or foreign adversary.
The only time FISA-702 applies is when an American person is captured in an intercept that has targeted a foreign person. Surveillance of foreign actors, foreign persons and intercepting communication of foreign entities, does not require any FISA authority at all. Foreign actors do not have constitutional protection.
FISA-702 only applies when the intercept of a foreign person is connected to communication with an American person. In that specific scenario, FISA-702 gives the U.S. government the authority to query the database of the American person.
However, the database search queries of Americans, people who have no contact with any foreign person, is the privacy aspect that has been abused by the intelligence apparatus. Senator Lindsey Graham comes unglued as he starts gaslighting on this issue. WATCH (prompted):
Everything you have just read emphasizes how important this FISA-702 reauthorization is to the worst elements of those within Congress who control the levers of power and use it for affluence.
Secret courts, secret justifications, warrantless surveillance and ultimately control. That’s what is at stake.
We have a few weeks before things get really ugly, but they will get ugly.
Deals will be cut. Offers will be made. Corruption throughout this argument will run amok.
In the background of every headline, that will surface over the next two months, this issue will enmesh.
We need to watch closely how National Security Advisor Marco Rubio, Director of National Intelligence Tulsi Gabbard and Vice President JD Vance respond to the surfacing issues.
All of the modern surveillance mechanisms, within the U.S. government network currently being updated and enhanced by AI search and capture, come from the gateway of 702; ie. govt being allowed to exploit the NSA database against Americans.
If warrantless searches of the NSA database are legally stopped, or no longer authorized, the gate closes and the DHS, Palantir/IC and Tech Bro surveillance collaboration hit a brick wall.
This is my hill!
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