If America Cares About Free Speech Abroad, Let Section 702 Expire

Under the Trump administration, the United States is asserting itself as the champion of global free speech online. The hypocrisy is staggering.

In response to the United Kingdom’s Online Safety Act (OSA) driving censorship across Britain, the United States is stepping in with a new initiative to promote free speech abroad. Last month the U.S. State Department unveiled Freedom.gov, a website, likely using a built-in virtual private network (VPN), that will allow foreign nationals to use the internet unfettered by local content restrictions or government surveillance. Led by Under Secretary for Public Diplomacy Sarah Rogers, Freedom.gov is intended to counter censorship abroad.

The problem is, Section 702 of the Foreign Intelligence Surveillance Act gives the U.S. government the power to surveil noncitizens without a warrant. Why would young voices in the UK replace their own government’s suppression and censorship with the American’s? If the U.S. is serious about free speech around the world, they should let Section 702 expire in April.

This is not to say Freedom.gov can’t be a powerful tool for free speech, or that the administration’s concerns are not legitimate. The UK government’s use of the Public Order Act and the OSA’s “False Communications Offence” to arrest and charge comedians and parents is extraordinarily undemocratic. And while supporters will say that these are isolated incidents without broader repercussions, one 2025 study of 548 UK residents showed worry about punishment was a significant driver for individuals to self-censor. This effect was particularly pronounced among conservatives and the non-political.

The administration’s plans to push back on this censorship should be celebrated. But it’s unclear how exactly Freedom.gov would achieve this goal. One method that has been suggested is the use of a built-in VPN to reroute internet traffic to the U.S. This would allow users to bypass content restrictions mandated by the UK and encrypt their web traffic. By returning anonymity to users and allowing them to freely express themselves online without fear of arrest or censorship, Freedom.gov could be a boon in the fight for freedom of expression around the world.

The problem is that Section 702 sends the message to the rest of the world that they aren’t allowed to surveil and silence their citizens, but we are.

Allowing this measure to expire would act as such a potent signal. It is one of the executive branch’s most powerful legal tools for law enforcement operations, but it is also one of its most abused. Whether it’s the Biden administration using it to surveil a U.S. Senator, or the NSA deploying it to conduct mass surveillance of all communications flowing in and out of the U.S., Section 702 represents the same type of illiberal and antidemocratic surveillance that is bringing the OSA under fire.

The US should lead the world in allowing and encouraging free expression. Freedom.gov could be an extraordinary project demonstrating a commitment to these goals. The best way to earn the trust of users is for Congress to end the provision that has fed the American mass surveillance regime for decades. When Freedom.gov launches, it should be a monument to the American principles of free speech, not hypocrisy.