Outgoing DNI Tulsi Gabbard Moves to Declassify Secret FISA Court Opinion on Section 702 Surveillance

WASHINGTON — Outgoing Director of National Intelligence Tulsi Gabbard is pushing for the declassification of a secret Foreign Intelligence Surveillance Court (FISC) opinion detailing potential abuses and compliance issues related to Section 702 of the Foreign Intelligence Surveillance Act, according to officials familiar with the effort.

Gabbard, who announced her resignation effective June 30 to care for her husband battling bone cancer, is using her remaining time in office to advance long-standing transparency goals on warrantless surveillance programs. The specific FISC opinion in question is believed to address compliance problems, “backdoor” searches of Americans’ data, and the expanded scope of electronic communications service providers compelled to assist under the program.

Section 702 allows the U.S. intelligence community to target foreign persons located outside the United States for surveillance without a warrant. However, it has faced repeated criticism for incidentally collecting communications of U.S. persons and for alleged misuse by the FBI and other agencies through warrantless queries of that data.

Gabbard has a long history of skepticism toward unchecked surveillance powers. As a member of Congress, she voted against reauthorizations of FISA authorities and co-sponsored reform legislation. Although she ultimately supported a clean reauthorization earlier this year after receiving classified briefings, she has consistently advocated for greater transparency and stronger protections for American civil liberties.

Civil liberties organizations, including the ACLU and Electronic Frontier Foundation, have repeatedly urged Gabbard to declassify key details about Section 702 operations, including the types of providers now subject to collection and the scale of incidental collection of Americans’ data. In a March 2025 letter, more than 20 groups called on her to release information that would inform the public debate ahead of the next reauthorization cycle.

The push to declassify the specific FISC opinion aligns with Gabbard’s broader efforts during her tenure to reduce the size of the intelligence bureaucracy, cut costs, eliminate certain DEI initiatives, and increase declassifications of historical documents. She has overseen the release of hundreds of thousands of pages related to past intelligence activities.

As Gabbard prepares to depart at the end of June, the declassification effort represents one of her final major initiatives. Acting DNI Aaron Lukas is expected to assume the role temporarily, and it remains unclear whether the declassification will be completed before her exit.

The move comes amid ongoing congressional debates about reforming or reauthorizing Section 702. Privacy advocates argue that greater transparency is essential to prevent future abuses, while intelligence officials maintain the program is a critical national security tool when properly overseen.

No final decision on the specific FISC opinion has been publicly announced, but Gabbard’s actions signal her continued commitment to balancing security needs with constitutional protections even as she leaves office.