FISA 702 Has Sunsetted: What It Means for Intelligence with Glenn Gerstell

FISA 702 is back at the center of the national security debate. This week, Elisa is joined by Glenn Gerstell, senior advisor at the Center for Strategic and International Studies and former General Counsel of the National Security Agency, to break down what FISA Section 702 does, what happened when it lapsed, and what could be at stake if Congress fails to act. Later, Elisa walks through several developments shaping the national security landscape, including proposals for government stakes in AI companies, weapons production among U.S. allies, critical minerals deals, and the spread of online-fueled violence.

Glenn Gerstell is a senior adviser at the Center for Strategic and International Studies and former General Counsel of the National Security Agency.

References:

• FISA Section 702
• EO 12333
• The Stored Communications Act (SCA)
• The SAVE America Act
• The American AI Sovereign Wealth Fund Act
• Strategic Partnership Agreement Between the Government of the United States of America and the Government of the Democratic Republic of the Congo
• NSLT, Ep. 421, "Cognitive Warfare: AI, False Realities, and the Laws of War with Gary Corn"
• McClements, Freya. “Study Finds ‘Alarming’ Role Played by Social Media in Sparking Racial Intimidation in North.” The Irish Times, 2 May 2025.
• Section 721 of the Defense Production Act
• The Department of Justice’s First Lawsuit Enforcing a Presidential Order Under Section 721 of the Defense Production Act