A White House advisory board has recommended that Congress place new restrictions on the FBI’s access to a foreign surveillance tool to prevent the bureau from using it to spy on Americans’ electronic communications.
That surveillance program—authorized by Section 702 of the Foreign Intelligence Surveillance Act (FISA)—was intended to track foreign spies and potential terrorists but has predictably morphed into a way for law enforcement agencies to get a warrantless peek at Americans’ phone records, emails, and other electronic communications. In the report published Monday, the White House’s Intelligence Advisory Board said the FBI’s use of the databases created by Section 702 should be limited to investigations dealing with foreign intelligence—the same standard that is used at the other intelligence agencies with access to that data.
“FBI’s use of Section 702 should be limited to foreign intelligence purposes only and FBI personnel should receive additional training on what foreign intelligence entails,” the report recommends. The report says the FBI has made “inappropriate use of Section 702 authorities, specifically U.S. person queries.”
While the full scope of Section 702 data collection remains unknown, there’s no doubt about the FBI’s aggressive use of the database. In 2021, for example, the FBI ran more than 3.3 million queries through the Section 702 database, according to a government transparency report. Separately, a 2021 report from the secret federal court responsible for adjudicating FISA-related matters documented 40 instances in which the FBI accessed surveillance data as part of investigations into a host of purely domestic crimes, including health care fraud and public corruption.
Hellbound and Down 