The Justice Department is challenging a court decision that restricts how national security agencies can handle American data collected under a controversial surveillance authority, pushing back just days before the legal framework runs out.
A federal court had prohibited agencies from using specific tools to process domestic information gathered under Section 702 of the Foreign Intelligence Surveillance Act. That statute is set to expire Monday, leaving the government and Congress in a standoff over whether to extend, reform, or allow the program to lapse.
The ruling represents a significant constraint on surveillance capabilities that intelligence officials have relied on for years. Section 702 allows the government to target foreign nationals overseas without a warrant, but the law routinely sweeps in communications involving Americans who interact with surveillance targets.
By appealing the court's restriction, the Justice Department is signaling its intention to preserve maximum flexibility for intelligence gathering even as lawmakers remain gridlocked on the program's future. The timing adds pressure to an already fraught debate in Congress, where civil liberties advocates and national security officials are fundamentally divided on how the authority should operate.
The expiration deadline means any congressional action must happen immediately. Without a vote, Section 702 disappears Monday, potentially disrupting ongoing investigations and foreign intelligence operations. Extending it unchanged would preserve current practices, while reform efforts could impose new restrictions on how agencies use the data.
The Justice Department's appeal underscores the administration's view that the court's limitations go too far and that agencies need the tools in question to protect national security effectively.
Author Sarah Mitchell: "The government is gambling that an appeal can slow things down long enough to force Congress into a last-minute deal on its terms."
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