While Section 702 is a foreign intelligence surveillance authority, the Federal Bureau of Investigation (FBI) frequently searches information from Section 702 programs-without a warrant-in support of its domestic law enforcement operations, including those that ultimately lead to arrest and prosecution.
This lack of robust judicial review leaves us all worse off, with no opportunity to challenge the lawfulness of these programs and remedy surveillance harms. However, throughout the history of Section 702, there has been a severe lack of judicial review and accountability, whether in criminal or civil proceedings, despite FISA’s express provision of such remedies. Further, Congress has an opportunity to bolster the secretive FISA Court process, which engages in periodic programmatic review of FISA activities including those conducted under Section 702. In response, the government has made changes to its internal compliance mechanisms, which attempt to identify and resolve violations, albeit based on small sampling of intelligence activities. For the other parts of this series, click here.Īs recent reporting has confirmed, law enforcement authorities have misused and abused the Foreign Intelligence Surveillance Act (FISA) process, including Section 702. In this series, EPIC will dive deeper into Section 702 and the need for significant reform.
MEANING OF INSURMOUNTABLE SERIES
This post is part of a running blog series on Section 702 ahead of its reauthorization deadline in December 2023.
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