Internal Documents Show How Little the FBI Did to Correct Misuse of Section 702 Databases

The Federal Bureau of Investigation (FBI) has released internal documents used to guide  agency personnel on how to search the massive databases of information collected under the Foreign Intelligence Surveillance Act, including communications collected without a warrant under Section 702. Despite reassurances from the intelligence community about its “culture of compliance,” these documents depict almost no substantial consideration of privacy or civil liberties. They also suggest that in the years before these guidelines were written, even amidst widespread FBI misuse of the databases to search for Americans’ communications, there were even fewer written guidelines governing their use. Above all, FBI agents can still search for and read Americans’ private communications collected under Section 702, all without a warrant or judicial oversight.

Section 702 allows the government to conduct surveillance inside the United States by vacuuming up digital communications so long as the surveillance is directed at foreigners currently located outside the United States. It also prohibits intentionally targeting Americans. Nevertheless, the NSA routinely (“incidentally”) acquires innocent Americans’ communications without a probable cause warrant. Once collected, the FBI can search through this massive database of information by “querying” the communications of specific individuals.

In 2021 alone, the FBI conducted up to 3.4 million warrantless searches of Section 702 data to find Americans’ communications. Congress and the FISA Court have imposed modest limitations on these “backdoor searches,” but according to several recent FISA Court opinions, the FBI h

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