There is a distinct possibility that the nation’s most-important intelligence gathering tool lapses just after midnight tonight because the House and Senate aren’t on the same page. Authorization for FISA Section 702 expires at 12:00:01 am et Friday. National security advocates are apoplectic that Congress could let the program lapse, exposing the nation to the possibility of a terrorism attack during a heightened threat environment. The House approved a three-year extension yesterday. But it included a ban on a digital currency to be managed by the federal government. That’s a poison pill for the Senate. The Senate could pass a 45-day extension. But there are signals that Sen. Ron Wyden (D-OR) could object due to privacy concerns. Both the House and Senate would have to approve a bridge to avoid the program from legally ceasing. However, both chambers are set to leave today for a recess until mid-May. That said, the court which oversees FISA says the program continues on paper. However, telecommunications firms which provide information to the government could be reluctant to comply without an authorization of FISA by Congress.
