Newly Public FISC Opinion is The Best Evidence For Why Congress Must End Section 702

A surveillance court order unsealed last week that details massive violations of Americans’ privacy by the FBI underscores why Congress must end or radically change the unconstitutional spying program enabled by Section 702 of the Foreign Intelligence Surveillance Act (FISA).

The opinion recounts how for years the FBI illegally accessed a database containing communications obtained under Section 702 and other FISA authorities more than 278,000 times, including searching for communications of people arrested at protests of police violence and people who donated to a congressional candidate. Section 702 authorizes the surveillance of communications between people overseas. But when a person on U.S. soil is in contact with one of these surveillance targets, that leaves their side of the exchange sitting in a database and vulnerable to these warrantless FBI searches. As the opinion says, “Notwithstanding this foreign directed targeting, the extent to which Section 702 acquisitions involve U.S. persons should be understood to be substantial in the aggregate.”

The pervasiveness of the FBI’s failure to comply with even the most modest reforms designed to limit the agency’s surveillance powers reveals two problems that Congress must address as it considers the Administration’s request to reauthorize Section 702.

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