The FBI Secretly Searched Americans’ Digital Communications 3.4 Million Times Last Year

The feds still use warrantless surveillance to invade the privacy of millions of Americans. A new transparency report from the Office of the Director of National Intelligence (ODNI) shows that from December 1, 2020, to November 30, 2021, the FBI used its Foreign Intelligence Surveillance Act (FISA) powers to search the communications of up to 3,394,053 Americans without a warrant.

Under FISA, this type of snooping is technically legal. But there is a strong argument that it is unconstitutional, violating Americans’ 4th Amendment rights.

“Today’s report sheds light on the extent of these unconstitutional ‘backdoor searches,’ and underscores the urgency of the problem,” said Ashley Gorski, a senior staff attorney with the American Civil Liberties Union, in a statement.

The ODNI report’s main thrust is about the use of FISA powers, which allow various forms of federal spying. For the first time, “includes the number of queries using U.S. person identifiers run by FBI” against information acquired under Section 702 of FISA Title VII.

Section 702 collection targets non-U.S. persons outside the U.S. and does not require a probable cause court order. (Authorities must instead seek permission from the Foreign Intelligence Surveillance Court, which basically greenlights all such requests.) – READ MORE