Seriously Risky Business Newsletter
May 25, 2023
G-Men Gone Wild
Presented by
Policy & Intelligence
Revelations that the FBI improperly used data collected for foreign intelligence under Section 702 of the Foreign Intelligence Surveillance Act (FISA) are fueling doubts about whether the authority will be renewed before it expires at the end of the year.
The news of the FBI searches is contained in a declassified court opinion released by the Director of National Intelligence. The opinion, issued in April of last year by the Foreign Intelligence Surveillance Court (FISC), describes the FBI as having a "pattern of broad, suspicionless queries that are not reasonably likely to retrieve foreign intelligence or evidence of crime".
Section 702 allows US intelligence agencies to compel service providers to help conduct targeted surveillance of foreigners outside the US and has been described by US officials as the "crown jewel" of US surveillance programs. The Section 702 amendment was motivated in part by terrorist use of US email service providers in the early 2000s.