Tag Archives: FISA Court

Unstoppable: How the FBI Mines Personal Information

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The Federal Bureau of Investigation’s access to a controversial intelligence trove of intercepted emails, texts, and other electronic data should be curtailed following serial missteps that have damaged public and congressional trust in the surveillance tool, a White House panel of intelligence advisers has concluded. in July 2023. The recommendation and others made by the panel come as a challenge to the Biden administration, which has spent months aggressively lobbying lawmakers to preserve the spying program, which is set to expire at the end of 2023. At issue is the FBI’s access to a cache of data collected under what is known as Section 702 of the Foreign Intelligence Surveillance Act.(FISA)..Top Biden administration officials have said the program—classified details of which were revealed 10 years ago by former intelligence contractor Edward Snowden—is among the most vital national security tools in their possession, critical to preventing terrorism, thwarting cyberattacks and understanding the aims of adversaries such as China and Russia. It allows the National Security Agency to siphon streams of electronic data from U.S. technology providers such as Meta and Apple. The data, collected in intelligence repositories, can then be searched without a warrant by spy agencies including the FBI, which has a robust counterintelligence mission.

The board was critical of the FBI’s history of wrongfully plumbing American data in the Section 702 trove, which have included improper searches of George Floyd protesters and sitting lawmakers, and said reforms needed to be adopted and codified in law.

Excerpts from Dustin Volz, FBI Access to Spying Tool Should Be Restricted, Panel Advises, WSJ, July 31, 2023
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FISA Court and Transparency

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According to the Opinion of Judge F. Dennis Saylor of the FISA (Foreign Intelligence Surveillance) court, of Sept. 13, 2013 in response to a motion by the ACLU for release of certain opinions of the FISA court:

“The unauthorized disclosure in June 2013 [Edward Snowden disclosure] of a Section 215 order, and government statements in response to that disclosure, have engendered considerable public interest and debate about Section 215 of the Partiot Act. Publication of FISC opinions relating to this provision would contribute to an informed debate. Congressional amici emphasize the value public information and debate in representing their constituents and discharging their legislative responsibilities. Publication would also assure citizens of the integrity of this Court’s proceedings.

In addition, publication with only limited redactions may now be feasible, given the extent of the government’s recent public disclosures about how Section 215 is implemented. Indeed, the government advises that a declassification review process is already underway.  In view of these circumstances, and as an exercise of discretion, the Court has determinedthat it is appropriate to take steps toward publication of any Section 215 Opinions that are not subject to the ongoing FOIA litigation…”

Excerpt, See United States Foreign Intelligence Surveillance Court, In Re Orders of this Court Interpreting Section 215 of the Patriot Act, Docket No. Misc. 13-02