Congress extended a controversial surveillance law for 45 days on Thursday, hours before its latest expiration following an earlier extension.

The Senate passed — then the House cleared — a 45-day extension of Section 702 of the Foreign Intelligence Surveillance Act, which authorizes warrantless surveillance of foreign targets. But those targets are sometimes communicating electronically with Americans, and intelligence officials can search the database using their identifying information, which has long given privacy groups and privacy-minded lawmakers heartburn.

The 45-day reprieve gives lawmakers more time to hammer out a lasting deal, and comes after the leaders of the Senate Intelligence Committee agreed to send a letter to the Director of National Intelligence and attorney general, seeking swift declassification of a letter on a classified ruling from the Foreign Intelligence Surveillance Court.

Sen. Ron Wyden, D-Ore., had sought release of that opinion, and had resisted giving unanimous consent for the latest short-term extension to move forward until Senate Intelligence Chairman Tom Cotton, R-Ark., and top panel Democrat Mark Warner of Virginia agreed to send the letter.

A declassification review was already underway, but the Cotton-Warner letter states that “We expect that this declassification review will be completed and the FISC opinion released publicly within 15 days,” according to Wyden, speaking on the Senate floor.

The March 17 opinion reportedly came with annual recertification of the warrantless surveillance program. The Justice Department is appealing that ruling because it blocked them from using certain tools to analyze communications.

“A few weeks ago, the Foreign Intelligence Surveillance Court found major compliance problems related to the surveillance law known as section 702,” Wyden said earlier this month. “These compliance problems are directly related to Americans’ Constitutional rights.”

Senate Majority Leader John Thune, R-S.D., said the extension will give lawmakers additional room to hold “discussion on reforms.”

The House this week had passed a 3-year reauthorization with some changes to the surveillance program, but key to doing so was leadership’s agreement to attach legislative language on a separate matter that would ban a central bank digital currency. Thune had said that language was going nowhere in the Senate.

On Thursday, the House voted 261-111 to extend the law for 45 days. President Donald Trump has sought a “clean” 18-month reauthorization of the surveillance powers.

The extension continues a perennial ritual for the Hill when it comes to Section 702: A deadline looms, and Congress kicks the can down the road repeatedly.

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Senate Intelligence Committee Chairman Tom Cotton is raising the spectre of foreign adversaries playing too heavy a role in open-source software, and asking the national cyber director to counter the risks.

The Arkansas Republican wrote to National Cyber Director Sean Cairncross Thursday, saying he was concerned about reports that “state-sponsored software developers and cyber espionage groups have started to exploit this communal environment, which assumes that contributors are benevolent, to insert malicious code into widely used open source codebases.”

Cotton cited last year’s alarms about a shadowy suspected nation-state hacker, Jia Tan, inserting a backdoor into a beta version of the compression utility XZ Utils. He also noted a Russia-based developer being the sole maintainer of a piece of open-source software (OSS) that’s in Defense Department software packages, and citations about Chinese tech companies Alibaba and Huawei being top OSS contributors.

“As the Office of the National Cyber Director holds responsibility for coordinating implementation of national cyber policy and government-wide cybersecurity, you are well-positioned to lead the U.S. government in addressing this cross-cutting vulnerability,” Cotton wrote. “I respectfully request that you take steps to build up the federal government’s capability to maintain awareness of provenance and foreign influence on OSS and track contributions from developers in adversary nations.”

Cotton’s letter adds to warnings from the Hill this year about the risks that Chinese involvement in open-source tech poses, following a letter from the House select committee on China on the subject to Biden-era Commerce Secretary Gina Raimondo. Legislation designed to improve open-source cybersecurity didn’t advance in the Senate after leading lawmakers introduced it in 2023.

The senator noted that open-source software is part of critical government and defense systems. Defense Secretary Pete Hegseth in July ordered the Pentagon’s chief information officer to take steps to guard against foreign influence in department technology.

“The DoD will not procure any hardware or software susceptible to adversarial foreign influence that presents risk to mission accomplishment and must prevent such adversaries from introducing malicious capabilities into the products and services that are utilized by the Department,” he wrote.

At the same time, a Trump administration executive order this year puzzled experts by deleting language from a previous Biden administration executive order emphasizing the importance of open-source software.

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