FBI analysts have been found to have conducted improper searches on a U.S. senator and two state officials using a foreign intelligence database, according to a declassified court opinion released on Friday. This comes despite recent procedural and accountability reforms implemented by the FBI to prevent misuse. The errors were a result of the analysts’ failure to follow the new policies put in place for querying data under Section 702 of the Foreign Intelligence Surveillance Act (FISA). Section 702 allows U.S. intelligence agencies to conduct electronic surveillance and is set to expire at the end of this year.
The opinion, written by Judge Rudolph Contreras of the Foreign Intelligence Surveillance Court, revealed that the FBI’s compliance rate with the new standards for searching the database was over 98%. This indicates that the reforms have had a significant impact, but it also highlights that there are still errors occurring.
A senior FBI official stated that while the compliance rate is high, the bureau acknowledges that there is room for improvement. In response to the findings in the opinion, the FBI has implemented additional reforms. The official also mentioned that the senator involved has been notified of the incident, but the state officials have not.
The release of this information is part of the government’s efforts to address concerns from Congress regarding the authorities granted by Section 702. Previously, the FBI had conducted improper searches of the database during investigations of the Capitol riots in January 2021 and the aftermath of the murder of George Floyd in June 2020.
FBI Director Chris Wray addressed the past misuse in a letter to congressional leaders, acknowledging the missteps and expressing the bureau’s commitment to accountability. Wray emphasized the importance of enshrining these reforms as part of Section 702’s reauthorization and invited Congress to discuss additional reforms.
The release also provided new insights into the querying practices of the National Security Agency and the vetting process for individuals with potential connections to international terrorism. Rebecca “Becky” Richards, chief of ODNI’s civil liberties, privacy, and transparency office, highlighted the unique transparency efforts of the U.S. compared to other countries.
These revelations have raised concerns, with Patrick Toomey from the American Civil Liberties Union’s national security project describing them as “disturbing.” Toomey called for Congress to introduce fundamental reforms as they debate the reauthorization of Section 702.
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