>>18767551
moar ECW Retweeted
Section 702 has become a domestic spying tool.
Congress must act decisively to end warrantless surveillance
Elizabeth Goitein @LizaGoitein·44m
The ODNI’s Annual Statistical Transparency Report is out today. The contents of this report underscore why Congress should not reauthorize Section 702 of FISA this year without wide-reaching surveillance reforms. 1/13 https://odni.gov/index.php/newsroom/reports-publications/reports-publications-2023/item/2376-statistical-transparency-report-regarding-national-security-authorities-calendar-year-2022
Let’s start with backdoor searches – i.e., the government’s practice of searching through Section 702 data, obtained without a warrant based on the government’s certification that it is targeting only foreigners, to find the communications of Americans. 2/13
We already knew that the FBI conducted about 200,000 these warrantless searches for Americans’ communications in 2022. The report states that the 200,000 queries translate into 119,383 unique U.S. person identifiers. 3/13
We also knew already that this is about a 95% decrease from 2021. But it’s still several hundred warrantless searches for Americans’ communications every day. One warrantless search is too many. 200,000 per year is a travesty. 4/13
The Year of Section 702 Reform, Part I: Backdoor Searches
https://www.justsecurity.org/85068/the-year-of-section-702-reform-part-i-backdoor-searches/
The report also reveals that the FBI is still completely ignoring the law Congress enacted in 2018 requiring warrants for a very small subset of backdoor searches. This requirement has been triggered over 100 times. The FBI has never once complied with it. 5/13
The report further states that the FISA Court issued an opinion in April 2022 approving Section 702 surveillance for another year. This approval was delayed by several months, which suggests that the court had some concerns about how the government was operating the program. 6/13
What were those concerns? We don’t know, because despite the statutory requirement to declassify and release significant FISA Court opinions, the government has not yet done so – even though it’s been more than a year. 7/13
It’s inexcusable for the government to be actively lobbying for reauthorization, claiming that it can be trusted with this sweeping surveillance power, while simultaneously denying lawmakers and the public access to critical information about how it’s been using this power. 8/13
Finally, what’s not in the report: How many backdoor searches of Americans’ communications and other sensitive information were performed under the government’s broadest foreign intelligence surveillance authority: Executive Order 12333. 9/13
EO 12333 surveillance impacts Americans’ privacy just as much as Section 702, and likely more. Yet it takes place without any statutory authorization and with no judicial oversight whatsoever, simply because the collection happens overseas. 10/13
The Year of Section 702 Reform, Part II: Closing the Gaps and Completing the Modernization of FISA
https://www.justsecurity.org/86011/the-year-of-section-702-reform-part-ii-closing-the-gaps-and-completing-the-modernization-of-fisa/
Indeed, there are many statutory gaps that enable warrantless collection of Americans’ most sensitive information. Another example: the gov’t needs a warrant to compel production of geolocation information, but it evades this requirement by buying the data from brokers. 11/13
That’s why Congress needs to address these problems holistically. If Congress only fixes Section 702, the government will find ways to obtain the same highly sensitive information about Americans, without a warrant, using other authorities or workarounds. 12/13
In short, today’s report confirms what was already clear: Section 702, despite its nominal focus on foreigners abroad, has become a domestic spying tool. Congress must act decisively to end warrantless surveillance of Americans under Section 702 or any other authority. 13/13
3:35 PM · Apr 28, 2023
https://twitter.com/LizaGoitein/status/1652033830285369347