'FBI violated American citizens' 4A rights 278,000 times': Bureau blasted over attempt to put gloss on Section 702

https://www.theblaze.com/news/fbi-blasted-over-attempt-to-put-gloss-on-section-702

JOSEPH MACKINNON

The FBI is attempting to rehabilitate the public image of Section 702 of the Foreign Intelligence Surveillance Act as Congress has until April 19 to reauthorize it. The bureau recently posted a video to X that features FBI Director Christopher Wray attempting to put a gloss on Section 702 as part of this monthslong campaign.

The bureau's timely propaganda did not escape the attention of critics on X, where the post received a community note that read, "The FBI violated American citizens' 4A rights 278,000 times with illegal, unauthorized FISA 702 searches."

Among the critics was Sen. Mike Lee (R-Utah), who wrote, "FBI just got called out in a community note on X. Congress — take note. FISA 702 has been used for warrantless surveillance of U.S. citizens HUNDREDS OF THOUSANDS of times. Yet FBI demands 702 be reauthorized by April 19 WITHOUT a warrant requirement for searches of U.S. citizens."

"Many in Congress will want to reauthorize FISA 702 — which is set to expire April 19th — either without modification or (more likely) with fake reforms that fail to impose a warrant requirement for searches directed at Americans," added the senator.

What is Section 702?

Section 702 is a provision of FISA enacted by Congress in 2008 that enables the state to spy on foreign nationals located outside the U.S. with the compelled aid of electronic communication service providers.

This was the law exploited by the FBI to spy on members of the Trump campaign in 2016 without probable cause.

According to the Office of the Director of National Intelligence, Congress enacted Section 702 in order to "address a collection gap that resulted from the evolution of technology in the years after FISA was passed in 1978."

"Many terrorists and other foreign adversaries were using email accounts serviced by U.S. companies," claimed the ODNI. "Because of this change in communications technology, the government had to seek individual court orders, based on a finding of probable cause, to obtain the communications of non-U.S. persons located abroad."

Supposedly, going through the courts proved too costly "because of the resources required and because the government couldn't always meet the probable cause standard, which was designed to protect U.S. persons and persons in the U.S."