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United States Government Privacy

FBI Abused Spy Law 280,000 Times In a Year (theregister.com) 151

The FBI misused surveillance powers granted by Section 702 of the Foreign Intelligence Surveillance Act (FISA) over 278,000 times between 2020 and early 2021 to conduct warrantless searches on George Floyd protesters, January 6 Capitol rioters, and donors to a congressional campaign, according to a newly unclassified court opinion. The Register reports: On Friday, the US Foreign Intelligence Surveillance Court made public a heavily redacted April 2022 opinion [PDF] that details hundreds of thousands of violations of Section 702 of the Foreign Intelligence Surveillance Act (FISA) -- the legislative instrument that allows warrantless snooping. The Feds were found to have abused the spy law in a "persistent and widespread" manner, according to the court, repeatedly failing to adequately justify the need to go through US citizens' communications using a law aimed at foreigners.

The court opinion details FBI queries run on thousands of individuals between 2020 and early 2021. This includes 133 people arrested during the George Floyd protests and more than 19,000 donors to a congressional campaign. In the latter, "the analyst who ran the query advised that the campaign was a target of foreign influence, but NSD determined that only eight identifiers used in the query had sufficient ties to foreign influence activities to comply with the querying standard," the opinion says, referring to the Justice Department's National Security Division (NSD). In other words, there wasn't a strong enough foreign link to fully justify the communications search.

For the Black Lives Matter protests, the division determined that the FBI queries "were not reasonably likely to retrieve foreign intelligence information or evidence of a crime." Again, an overreach of foreign surveillance powers. Additional "significant violations of the querying standard" occurred in searched related to the January 6, 2021 breach of the US Capitol, domestic drug and gang investigations, and domestic terrorism probes, according to the court. It's said that more than 23,000 queries were run on people suspected of storming the Capitol.

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FBI Abused Spy Law 280,000 Times In a Year

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  • That's a low number (Score:3, Informative)

    by Required Snark ( 1702878 ) on Tuesday May 23, 2023 @04:36AM (#63544407)
    They are obviously underfunded. If they had more resources they could abuse their power to an even greater extent. And then they could be even more useless and do a worse job fighting crime and keeping the country safe.

    Nothing has changed since Hoover, the overtly Christian racist, was the first head of the FBI. Nothing has changed since he took over in 1924.

    • We should go further. We should federalize all police forces because the federal police forces have shown so much restraint. https://thehill.com/opinion/cr... [thehill.com]
    • by sabbede ( 2678435 ) on Tuesday May 23, 2023 @07:28AM (#63544639)
      The problem with Hoover was not his faith or personal opinions, it was that he maintained blackmail files on Americans, particularly political leaders. James Comey demonstrated how that particularly noxious practice has continued.
      • by DesScorp ( 410532 ) on Tuesday May 23, 2023 @09:53AM (#63544953) Journal

        The problem with Hoover was not his faith or personal opinions, it was that he maintained blackmail files on Americans, particularly political leaders. James Comey demonstrated how that particularly noxious practice has continued.

        I assure you, every single alphabet agency in Intelligence/Law Enforcement is keeping files on citizens to a greater extent than ever before. It was Chuck Schumer that said they have "a thousand ways to get back at you" if angered, and that surely entails digging up dirt on you and saving it for a rainy day. The alphabet agencies have become a modern Praetorian Guard.

      • Your are not right about the impact of his personal beliefs: Hoover was a White Christian Nationalist. As well as a blackmailer.

        The Gospel of J. Edgar Hoover: How the FBI Aided and Abetted the Rise of White Christian Nationalism [stanford.edu]

        “Lerone Martin draws on thousands of newly declassified FBI documents and memos to describe how, under Hoover’s leadership, FBI agents attended spiritual retreats and worship services, creating an FBI religious culture that fashioned G-men into soldiers and ministers o

        • I think you should reconsider your sources. Fulton Sheen was a Catholic priest at a time when the KKK was actively working against the Catholic Church as well as civil rights. The KKK targeted Catholic Churches in particular because of its support for civil rights in this country, and to claim that Sheen (again, a Catholic priest!) was laundering FBI intel in furtherance of evangelical Christianity is ridiculous. The reason for the current political norms with respect to Christian nationalism is not due

  • Really? (Score:4, Funny)

    by nospam007 ( 722110 ) * on Tuesday May 23, 2023 @06:24AM (#63544477)

    So besides weekends, over 1000 times per day?
    Must be an oversight.

  • by DeplorableCodeMonkey ( 4828467 ) on Tuesday May 23, 2023 @07:23AM (#63544625)

    There is no reforming this agency, and they aren't even needed. Every state now has their own state level "bureau of investigation" or something similar with state-wide jurisdiction. DHS has all of the FBI's jurisdiction (both ICE and the USSS have national security agents) and more, plus its fusion centers provide efficient means to outsource cases to local and state agencies. There is simply no reason to keep this KGB-like agency around at this point.

    • ... own state level "bureau of investigation" ...

      Once a criminal crosses a US state border, it becomes a federal responsibility: It would be nice if federal police concentrated on enforcing federal law, maintaining national databases (eg. NCIC), state information-sharing (Currently an opt-in service with the FBI which the right-wing states don't.), municipal/state internal affairs but the Office of the Chief Examiner was created to detect white-collar crime. Then, J E Hoover converted it into a state-security service similar to the KGB. (See "Red Scare

      • Once a criminal crosses a US state border, it becomes a federal responsibility:

        Wrong. The states cooperate all of the time without federal involvement. A very famous example was the "DC Sniper" case where MD and VA law enforcement formed their own task force, found the perps and settled on prosecuting the perps in VA, despite multiple violations in MD because VA has the death penalty.

        state information-sharing (Currently an opt-in service with the FBI which the right-wing states don't.),

        Red states actively p

    • Your suggestion is obtuse and very short-sighted.

  • The FBI really needs to up their game. If they could just get that figure up to 365,000 they could hit the magic "a thousand times a day" milestone. Unless it happens to be a leap year, of course...

    As it is, their "spy law abuses per day" count sits at just under 32 per hour. Pretty impressive, but there's still room to exercise their contempt and paranoia even more with just a bit of effort.

  • by Inglix the Mad ( 576601 ) on Tuesday May 23, 2023 @09:19AM (#63544879)
    While everyone was peeing their pants to pass the USA PATRIOT ACT, one voice stood against the expansion of powers. He lamented that expansion, noting that it wasn't necessary to expand the power of FISA because warrants were able to be retroactive for 72hrs in emergent cases.

    That lone Senator standing against the expansion when it was considered "political suicide" by pundits? Wisconsin Democratic Senator Russ Feingold. A few years later the USA PATRIOT ACT is up for renewal, and some news groups noted the abuses. He stands up, basically says "I told you... I warned you... let's get rid of this expansion of power NOW." He gets a few Democratic and Republican Senators to vote with him, but it passes again. About that time Fox News renews the attacks of him being "soff on terrir!"

    Then his next opponent comes in riding that idea. He declares all durty democraps, but especially Russ, AMERICA HATER SOF ON TERRIR!

    That's how we got Ron "I say mean things, but always vote for surveillance of the plebes" Johnson as a Senator in Wisconsin.
  • The FBI is your friend, trust the FBI.

    The obvious question is Who are they really working for? We can rule out Democrats, Republicans and the Constitution.

  • by RogueWarrior65 ( 678876 ) on Tuesday May 23, 2023 @10:16AM (#63545015)

    The excerpt of the article is pretty specific about naming left wing targets but says nothing about right wing targets except possible innuendo. Tsk tsk. It's almost as though The Register would have you ignore the Durham report.

  • Ha ha sure (Score:3, Insightful)

    by argStyopa ( 232550 ) on Tuesday May 23, 2023 @11:23AM (#63545187) Journal

    Abuse FISA warrant to "take down the Satan Trump"? OK perfectly fine.

    Abuse FISA warrant to surveil people who "tried to stage a military coup* to overthrow teh WHOL US GOVerMinT!"? OK perfectly fine.
    *armed only with, literally, flagpoles. Sure.

    Abuse FISA warrant where Black Lives Matter is concerned? Heinous! We must fix this deeply broken and malignant system!

    You guys crack me up.

  • But, of course, fraud by a federal official would have to be investigated by the FBI, or people who work closely with them. "Who watches the watchers" etc. Damnably old conundrums.
  • I hope that anyone convicted with any of this tainted evidence used in their trial gets their cases thrown out and they walk. If it's thousands of people, good. Maybe that would teach the FBI a lesson.

    Better yet, the judge should make an FBI agent personally apologize to each person and give them a big check for their troubles. (yeah right, dreaming now)

  • A powerful state with central organs for cracking down on suspicious people is necessary to protect Democracy® as well to stop Trump.

I have hardly ever known a mathematician who was capable of reasoning. -- Plato

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