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FBI Misused Surveillance Database 278,000 Times, Court Documents Reveal

FBI Misused Surveillance Database 278,000 Times, Court Documents Reveal

A newly declassified judicial opinion has confirmed that the FBI improperly queried a powerful foreign intelligence database over 278,000 times between 2020 and 2021, targeting everything from George Floyd protesters to congressional donors and Capitol riot suspects, sparking an urgent legislative crisis over the future of Section 702.

The Foreign Intelligence Surveillance Court (FISC) documents, released by the Office of the Director of National Intelligence, detail a pattern of persistent violations involving Section 702 of the Foreign Intelligence Surveillance Act. While this law is intended to target non-U.S. persons abroad, the FBI’s access to the resulting data has repeatedly ensnared American citizens without a warrant. The bureau blamed the incidents on analyst confusion regarding standards, asserting that remedial measures deployed since mid-2021 have corrected these practices.

Legislative Fallout and Demands for Reform

Lawmakers and civil liberties groups are now pushing for a total overhaul of the surveillance framework ahead of its expiration at the end of the year. Senator Ron Wyden (D-Ore.) and Representative Jerry Nadler (D-N.Y.) have signaled that authorization is no longer a given, with many arguing that the bureau has demonstrated an inability to police its own conduct. Critics, including the ACLU and the Surveillance Technology Oversight Project, compare the current scope of the abuse to the era of J. Edgar Hoover, insisting that any renewal of the law must include a mandatory warrant requirement for queries involving U.S. persons. With the Biden administration actively lobbying for the extension of these powers, the disclosure of these systemic violations has turned the reauthorization process into a high-stakes battleground for constitutional privacy rights.

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