FISA 702: 278,000 improper FBI searches — renewed anyway
Section 702 allows spying on foreigners abroad — but Americans' communications get swept in. The FBI improperly searched Americans' data 278,000 times in two years. Congress renewed the program anyway — until April 2026.
How it works
Section 702 lets the NSA compel providers to intercept targets abroad — without individual warrants. Collateral: Americans’ communications with those targets are captured and become searchable. The FBI may search this “incidentally collected” data.
The numbers
- 278,000 improper FBI queries of US persons (Dec 2019–Nov 2020), including searches of activists, journalists, congressional staff — revealed in FISC Judge Boasberg’s opinion (April 2022, declassified 2023).
- 20.04.2024 — Congress renews Section 702 for two years via RISAA — without the demanded warrant requirement.
- 20.04.2026 — next sunset.
Debunking
False: “FISA 702 only targets foreigners.” — That is the letter of the law; the practice sweeps in Americans. The FISC itself spoke of “widespread violations”.