Since 1978 the Foreign Intelligence Surveillance Act (FISA) has authorized the executive branch to conduct electronic surveillance in pursuit of foreign intelligence information. FISA prescribes detailed procedures for obtaining orders from the Foreign Intelligence Surveillance Court (FISC) authorizing American electronic surveillance of a foreign power or agent of a foreign power.

In 2008 Congress amended FISA to include Title VII, commonly referred to as Section 702, which permits the Attorney General and the Director of National Intelligence to jointly authorize surveillance targeting persons who are not U.S. persons, and who are reasonably believed to be located outside the United States, with the compelled assistance of electronic communication service providers, in order to acquire foreign intelligence information. The authorities contained in Section 702 are set to expire on December 31, 2023.

Congress is currently considering whether to reauthorize Section 702 of the Foreign Intelligence Surveillance Act set to expire in December of 2023.