However, that didn’t stop the FBI from sometimes knowingly using its Foreign Intelligence Surveillance Act (FISA) Section 702 powers to conduct warrantless searches on US persons more than 280,000 times in 2020 and 2021, according to new disclosures.
Among the most concerning so-called backdoor searches on Americans were disclosures that the FBI ran more than 23,000 queries on people involved in storming the US Capitol, 19,000 on political campaign donors, and 133 on protesters after the police killing of George Floyd.
The deputy director of the Center for Democracy and Technology’s Security and Surveillance Project, Jake Laperruque, said that “these latest revelations should set off alarm bells across Congress,” urging lawmakers in a statement not to re-authorize FISA Section 702 at the end of this year—when it’s due to expire—without a “full overhaul.”
“We now know that the FBI, which has already been under scrutiny for a litany of past compliance violations involving Section 702, engaged in improper searches for Americans’ communications targeted at political activities and actors,” the press release said.
The FISC order prompted the FBI to implement “technological and training responses” that have seemingly led to a “sharp decline” in warrantless searches accessing Americans’ data from December 2021 to November 2022, according to a press release from US Representative Darin LaHood (R-Ill.).
In his statement, Wyden said that he was “disappointed at the extent of the redactions” in the FISC opinions, saying that the Director of National Intelligence (DNI) needs “to inform the public about how the government and the FISA Court are interpreting the law.”
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