Washington: Two Republican lawmakers have issued a warning to US Secretary of State Marco Rubio about a potential intelligence gap, accusing Democrats of hesitating to extend crucial foreign intelligence legislation. The lawmakers are concerned about the potential expiration of the Foreign Intelligence Surveillance Act (FISA), particularly Section 702, which allows US intelligence agencies to collect communications from foreign targets without needing individual warrants.

According to Anadolu Agency, the provision, which was introduced after the September 11 terror attacks, is considered by its supporters to be an essential tool for national security. However, critics argue that it may pose risks to civil liberties and question the extent of surveillance powers it grants.

Andrew Desiderio, a reporter for Punchbowl News, wrote on the US social media platform X that Senators Tom Cotton and Chuck Grassley have communicated their concerns to Rubio through a letter. They urged him to prepare for a ‘potential significant gap in foreign intelligence collection’ due to Senate Democrats blocking the extension of Section 702. Desiderio pointed out that the standoff is partly related to opposition over a Trump administration intelligence appointment, with the deadline for the surveillance authority quickly approaching on June 12.

The senators’ letter emphasizes the need for Rubio to identify intelligence targets that could be affected if warrantless FISA surveillance expires and to explore other ‘lawful and constitutional’ methods for gathering information. While Congress has passed short-term extensions as discussions continue, any renewal of the provision will require 60 votes in the 100-seat Senate.

Should FISA 702 lapse, intelligence agencies would still have other tools at their disposal, including warrant-based Title 1 FISA targeting.