National Intelligence Report Shows The FBI Never Gets Warrants For Its Backdoor Searches Of NSA Collections

National Intelligence Report Shows The FBI Never Gets Warrants For Its Backdoor Searches Of NSA Collections

4 years ago
Anonymous $-9GJQVHNr8

https://www.techdirt.com/articles/20200510/20112544471/national-intelligence-report-shows-fbi-never-gets-warrants-backdoor-searches-nsa-collections.shtml

The Intelligence Community's latest transparency report [PDF] contains even more evidence of the FBI's inability to follow the law when helping itself to the NSA's collections. The infamous "backdoor searches" of the NSA's Section 702 collections -- which sweep up millions of electronic communications every year -- have always been a problem for the FBI. (But it's a problem the FBI likely doesn't mind having.)

Communications and data related to US persons are supposed to be minimized before being accessed by the FBI. The FBI may have permission to access this collection, but the impossible-to-stop "incidental" collection of US persons' communications means the FBI is supposed to use warrants when searching the data using US person queries. This mandate only applies to certain cases: criminal investigations not related to national security. The built-in minimization procedures are supposed to take care of the rest of the agency's backdoor searches, supposedly ensuring the FBI can't use a foreign-facing communications collection to spy on Americans.