FBI Director: FISA Section 702 warrant requirement a ‘de facto ban’

FBI Director: FISA Section 702 warrant requirement a 'de facto ban'

November 15, 2023 at 09:10AM

FBI Director Christopher Wray urged lawmakers to reject a proposed warrant requirement for accessing data obtained through FISA Section 702. This amendment to the Foreign Intelligence Surveillance Act, which allows warrantless surveillance of foreigners’ communications, also collects information on US persons. Wray emphasized the risks and resource limitations of implementing warrant requirements, and assured that the FBI has taken steps to address past compliance violations.

From the meeting notes, I have gathered the following key points:

– FBI Director Christopher Wray expressed his opposition to a proposed warrant requirement for “US person queries” of data collected via FISA Section 702.
– Section 702 of the Foreign Intelligence Surveillance Act allows for warrantless surveillance of communications belonging to foreigners outside of the United States.
– However, this surveillance also includes the collection of information from phone calls, texts, and emails of US persons if they are communicating with or about the targeted foreigners.
– There have been numerous abuses of this surveillance power, including targeting foreigners as a pretext for spying on Americans.
– A group of senators and representatives introduced the Government Surveillance Reform Act, which would renew Section 702 for four more years with added limits to government surveillance, including warrant requirements for US persons’ communications.
– The bill includes exceptions to the warrant requirement for defensive cybersecurity purposes or emergency situations that pose an “imminent threat of death or serious bodily harm.”
– The FBI and the White House strongly oppose the warrant requirement and consider it a “red line.”
– Wray emphasized the importance of Section 702 and expressed concerns about the warrant requirement, stating that it would effectively ban queries due to the time and resources required to obtain a warrant.
– Wray acknowledged previous FBI compliance violations and reassured that measures have been taken to improve compliance and hold personnel accountable.

These are the main takeaways from the meeting notes. Please let me know if there is anything else you would like me to cover or if you have any specific questions.

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