section 702 of the foreign intelligence surveillance act — the legal basis for warrantless collection of foreigners' communications and incidentally captured us communications — expired at midnight after the house rejected a last-ditch extension 198 to 218. the lapse coincided with the withdrawal of the first nominee for director of national intelligence, whose lack of intelligence background reportedly helped sink the extension vote. a core surveillance authority going dark at the same moment the post overseeing it sits vacant is rare simultaneous slack in the us intelligence apparatus.