FBI Use Of Foreign-Surveillance Tool Violated Privacy Rights: FISA Court

Swordsmyth

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The FBI's use of electronic surveillance tools violated the constitutional privacy rights of Americans whose communications were swept up in a controversial foreign intelligence program, according to a Foreign Intelligence Surveillance Court.
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The court concluded that the FBI had been improperly searching through a database of raw intelligence for information on Americans, according to the Wall Street Journal.
The ruling, made last year, was disclosed on Tuesday.
The intelligence community disclosed Tuesday that the Foreign Intelligence Surveillance Court last year found that the FBI’s pursuit of data about Americans ensnared in a warrantless internet-surveillance program intended to target foreign suspects may have violated the law authorizing the program, as well as the Constitution’s Fourth Amendment protections against unreasonable searches.
The court concluded that the FBI had been improperly searching a database of raw intelligence for information on Americans—raising concerns about oversight of the program, which as a spy program operates in near total secrecy. -WSJ
According to the FISA court, tens of thousands of improper searches were conducted by the Bureau in 2017 and 2018. They were deemed improper in part due to the involvement of data relating to tens of thousands of emails or phone numbers. Moreover, the FBI was potentially using the intelligence information to vet personnel and cooperating sources. Per federal law, the database can only be searched by the FBI while seeking evidence of a crime or for foreign intelligence information.
In other cases, the court ruling reveals improper use of the database by individuals. In one case, an FBI contractor ran a query of an intelligence database—searching information on himself, other FBI personnel and his relatives, the court revealed.
The Trump administration failed to make a persuasive argument that modifying the program to better protect the privacy of Americans would hinder the FBI’s ability to address national-security threats, wrote U.S. District Judge James Boasberg, who serves on the FISA Court, in the partially redacted 167-page opinion released Tuesday. -WSJ
"The court accordingly finds that the FBI’s querying procedures and minimization procedures are not consistent with the requirements of the Fourth Amendment," concluded Judge Boasberg.


https://www.zerohedge.com/technolog...lance-tool-violated-privacy-rights-fisa-court
 
Moreover, they show, the F.B.I. improperly searched the repository for information involving large numbers of Americans who fit within general categories but against whom there was no individualized basis for suspicion. In a twist, one March 2017 search used more than 70,000 identifiers, like email addresses, linked to the F.B.I.’s own work force.
...
The latest chapter began in early 2018, when Congress extended the law that authorizes the warrantless surveillance program — known as Section 702 of the FISA Amendments Act — while adding a new requirement: Agencies that use the surveillance program’s repository of intercepted messages must win court approval for rules about how they may search it for Americans’ data.

In October 2018, the FISA court judge, James E. Boasberg, approved the procedures submitted by other agencies, like the C.I.A. and the National Security Agency. But he rejected the F.B.I.’s, saying the bureau’s rules were “not consistent with the requirements of the Fourth Amendment,” which protects Americans’ privacy from unreasonable searches.

Rather than comply with his ruling and adjust the F.B.I. rules, the Justice Department made a rare appeal to a three-judge panel that can review FISA court decisions. In July, the review court affirmed a central part of Judge Boasberg’s original ruling. After that, the F.B.I. acquiesced and changed its procedures, resolving the fight, the files showed.

Not much accountability in that process.
 
Their activities might have been ruled unconstitutional but that doesn't mean the FBI will be ruled unconstitutional.
 
During the campaign when Trump said, “Drain the swamp,” I’m not really sure that regular people thought the Executive branch would be the biggest swamp of all.
 
It also doesn't mean they won't continue to do the illegal activities.


This is absolutely true. The FBI has been caught numerous times since the mid 90s retaining NICS data long past the legal deadline for deleting/destroying it and nothing ever comes of it. Usually not even a slap on the wrist.
 
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