US Foreign Surveillance Laws: Monitoring Communications with US Citizens

The U.S. Government’s authority to conduct surveillance on non-Americans abroad, including when they communicate with U.S. Citizens, was extended through a short-term renewal of Section 702 of the Foreign Intelligence Surveillance Act (FISA), passed by Congress in April 2026.

The renewal, enacted as part of a broader spending bill, maintains the program’s core provisions allowing intelligence agencies to collect foreign communications that transit through U.S. Infrastructure, such as fiber-optic cables and data centers operated by American technology and telecommunications companies.

Section 702, first authorized in 2008 and periodically reauthorized since, permits the National Security Agency (NSA) and other agencies to target non-U.S. Persons located outside the United States for foreign intelligence purposes. The law does not require a warrant for such surveillance, even when the intercepted communications involve Americans, as long as the target is not a U.S. Person and the acquisition is deemed foreign intelligence.

The 2026 extension, which runs through December 2026, came after months of debate in Congress over privacy concerns and oversight mechanisms. Lawmakers including Senator Ron Wyden (D-OR) and Representative Jamie Raskin (D-MD) had advocated for stronger safeguards, including requirements for warrants when querying data involving U.S. Persons, but those proposals were not included in the final version.

Technology and telecommunications firms such as AT&T Inc. And Alphabet Inc.’s Class A shares (GOOGL) continue to play a critical role in the program’s implementation, as the law relies on their infrastructure to access international communications. Under Section 702, the government can compel these companies to assist in data collection efforts, though the exact nature and volume of such cooperation remain classified.

Although the companies are legally required to comply with valid directives, they have historically published transparency reports detailing the number of government requests they receive. In its most recent report, AT&T disclosed receiving over 13,000 national security-related requests in 2025, while Google reported approximately 8,500 FISA-related directives in the same period, though the companies do not distinguish between Section 702 and other authorities in their public disclosures.

The short-term nature of the 2026 extension reflects ongoing legislative unease about the program’s longevity without reform. Previous reauthorizations in 2017 and 2020 lasted six years, but the current nine-month renewal suggests Congress intends to revisit the issue later in 2026, potentially amid broader discussions about digital privacy, encryption, and government access to data held by private firms.

Business implications center on the continued obligation of U.S.-based tech and telecom providers to support government surveillance operations, which can affect their international reputation and client trust, particularly in markets with strict data localization laws such as the European Union. Companies must balance legal compliance with efforts to maintain user confidence in data protection.

As of April 18, 2026, the extension remains in effect, with no immediate changes to how Section 702 is implemented. The next congressional review is expected before the end of the year, when lawmakers will again weigh national security claims against civil liberties concerns and corporate accountability.