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#section702

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Benjamin Carr, Ph.D. 👨🏻‍💻🧬

Court rules #FISA #Section702 #surveillance of #US resident was #unconstitutional
'Public interest alone does not justify #warrantless querying' says judge
Specifically, it was decided the #FBI had violated a US resident's #FourthAmendment rights against unreasonable searches by looking through a vast database of overseas communications vacuumed up under Section 702 of FISA and using that resident's private messages as evidence to successfully prosecute him.
theregister.com/2025/01/24/sec #privacy

The Register · Court rules FISA Section 702 surveillance of US resident was unconstitutionalBy Iain Thomson
Replied in thread
HistoPol (#HP) 🏴 🇺🇸 🏴

@thehill

#BreakingNews
Update:

#Legal #USpol #SurveillanceState #Surveillance

(3/n)

...most abused provisions of FISA,” #PatrickToomey, the deputy director of #AmericanCivilLibertiesUnion’s #NationalSecurityProject, which filed a friend-of-the-court brief in the case, said in a statement.
👉“As the court recognized, the #FBI’s rampant digital searches of Americans are an immense invasion of privacy, and trigger the bedrock protections of the Fourth Amendment.👈
👉#Section702...

Replied in thread
HistoPol (#HP) 🏴 🇺🇸 🏴

@thehill

#BreakingNews
Update:

#Legal #USpol #SurveillanceState #Surveillance

(2/n)

...after more than a decade?

Via #TheIntercept;

"The #FBI trawled #NSA records without a warrant to investigate a man suspected of trying to join a terror group, prosecutors admit...
a warrant requirement on “backdoor” searches of NSA data collected under #Section702 of the #ForeignIntelligenceSurveillance Act, known as #FISA,..."

“This is a major constitutional ruling on one of the...

Benjamin Carr, Ph.D. 👨🏻‍💻🧬

#FBI’s #Warrantless Search Ruled #Unconstitutional in a Blow to Government Spying
The FBI trawled #NSA records without a #warrant to investigate a man suspected of trying to join a terror group, prosecutors admit.
The decision gives a boost to the #surveillance critics who have long asked Congress to impose a warrant requirement on “backdoor” searches of NSA data collected under #Section702 of the Foreign Intelligence Surveillance Act, known as #FISA.
theintercept.com/2025/01/27/fb #privacy

The Intercept · FBI’s Warrantless Search Ruled Unconstitutional in a Blow to Government SpyingBy Matt Sledge
Miguel Afonso Caetano

#USA #FBI #Section702 #Surveillance #Privacy #FISA #PoliceState: "A bombshell report from WIRED reveals that two days after the U.S. Congress renewed and expanded the mass-surveillance authority Section 702 of the Foreign Intelligence Surveillance Act, the deputy director of the Federal Bureau of Investigation (FBI), Paul Abbate, sent an email imploring agents to “use” Section 702 to search the communications of Americans collected under this authority “to demonstrate why tools like this are essential” to the FBI’s mission.

In other words, an agency that has repeatedly abused this exact authority—with 3.4 million warrantless searches of Americans’ communications in 2021 alone, thinks that the answer to its misuse of mass surveillance of Americans is to do more of it, not less. And it signals that the FBI believes it should do more surveillance–not because of any pressing national security threat—but because the FBI has an image problem."

eff.org/deeplinks/2024/05/fbi-

Electronic Frontier Foundation · The FBI is Playing Politics with Your PrivacyA bombshell report from WIRED reveals that two days after the U.S. Congress renewed and expanded the mass-surveillance authority Section 702 of the Foreign Intelligence Surveillance Act, the deputy director of the Federal Bureau of Investigation (FBI), Paul Abbate, sent an email imploring agents to...
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CenDemTech

“‘This bill represents the biggest expansion of surveillance in 15 years since #Section702 was originally created and a shameful Congress would be expanding surveillance at a time when reforms are needed,’ said @JakeLaperruque." washingtonpost.com/national-se

The Washington Post · Congress extends controversial warrantless surveillance law for two yearsBy Ellen Nakashima
Benjamin Carr, Ph.D. 👨🏻‍💻🧬

#US #Senate to Vote on a #Wiretap Bill That Critics Call ‘Stasi-Like’
Controversial bill reauthorizing #Section702 program may force whole new categories of businesses to eavesdrop on US government’s behalf, including on fellow #Americans.
US Senate is poised to vote on #legislation that, for the next two years at least, could dramatically expand the number of businesses that the US government can force to #eavesdrop on Americans without a #warrant
wired.com/story/senate-section #privacy #survaillance

Electronic Frontier Foundation

Tell the U.S. Senate: RISAA does not reform mass surveillance, it greatly expands who can be surveilled and why.

act.eff.org/action/tell-the-u-

act.eff.orgTell the U.S. Senate: STOP RISAA, the FISA Mass Surveillance Expansion We all deserve privacy in our communications. Part of that is imposing limits upon the government’s ability to collect and access them. That’s why it’s critical to reform Section 702, the mass surveillance law that creates an end run around our constitutional rights and a back door for the government to query our communications. In the last few weeks, there have been multiple attempts to reauthorize this power with varying levels of reform and compromise. Nearly half of the U.S. House of Representatives supported requiring the government to obtain court approval before accessing Americans’ communications in the government’s Section 702 databases—but at the last minute, the pro-mass surveillance side passed a bill which actually expands, rather than reforms these powers. That’s why we need you to tell the Senate to stop it! What happened: Section 702 of the Foreign Intelligence Surveillance Act (FISA) is set to expire on April 19. The House of Representatives just passed the Reforming Intelligence and Securing America Act (RISAA), a reauthorization bill that greatly increases the scope of information the government can collect under Section 702 , and allows the government to use this unaccountable and out-of-control mass surveillance authority to spy on hopeful immigrants and asylum seekers. This move abandons any real argument that this is for terrorism or intelligence only. The U.S. Senate will likely try to advance this terrible bill this week – a bill that Sen. Ron Wyden called “one of the most dramatic and terrifying expansions of government surveillance authority in history.” He’s right. Tell your Senators to vote NO on the Reforming Intelligence and Securing America Act. Our call tool will make it easy for you to call your Senator—it only takes a moment.
#section702#surveillance
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HistoPol (#HP) 🏴 🇺🇸 🏴

@thehill

#USpol #privacy #FISA

(1/2)

If the #Senate votes on Friday on the reauthorization of #Section702 of the #ForeignIntelligenceSurveillanceAct, the #US will become a #SurveillanceState. And if #TFG is readmitted into the #Whitehouse, together with #Project2025, the #ThirdReich, #Orwell's #1984, and #Fahrenheit451 combined will look like a paler image of what the future #US tyrant will be able to do.

Almost any business that provides wifi...

thehill.com/opinion/technology

DoomsdaysCW

House votes to reapprove law allowing #warrantless #surveillance of US citizens

#Fisa allows for monitoring of foreign communications, as well as collection of citizens’ messages and calls

Nick Robins-Early
Fri 12 Apr 2024

"The law, which gives the government expansive powers to view emails, calls and texts, has long been divisive and resulted in allegations from #CivilLiberties groups that it violates privacy rights. House Republicans were split in the lead-up to vote over whether to reauthorize #Section702, the most contentious aspect of the bill...

"Section 702 allows for government agencies such as the National Security Administration to collect data and monitor the communications of foreign citizens outside of US territory without the need for a warrant, with authorities touting it as a key tool in targeting cybercrime, international drug trafficking and terrorist plots. Since the collection of foreign data can also gather communications between people abroad and those in the US, however, the result of section 702 is that federal law enforcement can also monitor American citizens’ communications.

"Section 702 has faced opposition before, but it became especially fraught in the past year after court documents revealed that the FBI had improperly used it almost 300,000 times – targeting #RacialJustice #protesters, January 6 suspects and others...

"Section 702 dates back to the #GeorgeWBush administration, which secretly ran warrantless wiretapping and surveillance programs in the aftermath of the 9/11 terror attacks. In 2008, Congress passed section 702 as part of the Fisa Amendments Act and put foreign surveillance under more formal government oversight. Lawmakers have renewed the law twice since, including in 2018 when they rejected an amendment that would have required authorities to get warrants for US citizens’ data."

Read more: theguardian.com/us-news/2024/a

The Guardian · House votes to reapprove law allowing warrantless surveillance of US citizensBy Nick Robins-Early
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CenDemTech

1) Require intelligence agencies to obtain a court order before searching #Section702 data for comms involving Americans.
2) Prohibit agencies from purchasing data from #DataBrokers that they would otherwise need a warrant or court order to obtain legally.

cdt.org/insights/cdt-joins-oth

Center for Democracy and TechnologyCDT Joins Others in Publishing Q&A about the Security and Freedom Enhancing (SAFE) Act of 2024The Center for Democracy and Technology joined the ACLU, Brennan Center for Justice, Demand Progress, Electronic Privacy Information Center, FreedomWorks, and Project for Privacy and Surveillance Accountability in crafting a Q&A that summarizes the SAFE Act. The act seeks to reform two major loopholes that allow the U.S. government to access Americans’ private data without […]
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Get FISA Right

After a lot of maneuvering, the House voted 273–147 today to reauthorize FISA Section 702 for another two years. The vote on an amendment to add a warrant requirement was 212-212, so it didn’t pass. Unfortunately, two other amendments did pass, both expanding the scope of warrantless wiretapping. Politicians of both parties who had supported a warrant requirement in the past voted against it this time — including former Speaker Pelosi and current Speaker Johnson.

Dell Cameron’s House Votes to Extend—and Expand—a Major US Spy Program on Wired and Center for Democracy and Technology’s U.S. House Vote Narrowly Allows Rampant Abuses of Warrantless Spying Authority to Continue have details. Cameron notes

“The House bill also dramatically expands the statutory definition for communication service providers, something FISA experts, including Marc Zwillinger—one of the few people to advise the Foreign Intelligence Surveillance Court (FISC)—have publicly warned against.

“Anti-reformers not only are refusing common-sense reforms to FISA, they’re pushing for a major expansion of warrantless spying on Americans,” US senator Ron Wyden tells WIRED. “Their amendment would force your cable guy to be a government spy and asNsist in monitoring Americans’ communications without a warrant.””

Next week, the bill moves to the Senate. The deadline for reauthorization is April 19th … but the FISA Court has already extended certifications for another year, so it’s not actually a hard deadline. Stay tuned for more!

#FISA #Section702 #surveillance

https://getfisaright.net/2024/04/12/house-votes-to-extend-and-expand-section-702-surveillance-powers-without-adding-a-warrant-requirement/

WIRED · House Votes to Extend—and Expand—a Major US Spy ProgramBy Dell Cameron
#S
Continued thread
CenDemTech

#FISA #Section702 warrantless #surveillance purports to target only foreign subjects, but in practice sweeps in a huge amount of Americans’ comms. This allows intelligence agencies to exploit a backdoor search loophole that we've written about extensively: cdt.org/insights/cdt-issue-bri

Center for Democracy and TechnologyCDT Issue Brief: Debunking Myths & Fixing FISA Section 702 Backdoor Search Loophole[ PDF version ] This issue brief debunks misconceptions about the “backdoor search loophole” to FISA Section 702 and offers a remedy to fix it. The backdoor search loophole is one of the most serious problems with FISA Section 702 – it enables the government to coopt a warrantless surveillance authority meant to focus on […]
CenDemTech

🚨 BREAKING: The House passed a two-year extension of #Section702 of #FISA, a controversial warrantless spying authority –– but in an extremely narrow tie vote, rejected critical reforms to stop rampant abuse of the law that has been well documented. cdt.org/press/u-s-house-vote-n

Center for Democracy and TechnologyU.S. House Vote Narrowly Allows Rampant Abuses of Warrantless Spying Authority to Continue(WASHINGTON) — Today, the U.S. House of Representatives passed a two-year extension of Section 702 of the Foreign Intelligence Surveillance Act (“FISA 702”), a controversial warrantless spying authority, and in an extremely narrow tie vote, rejected critical reforms to stop rampant abuse of the law that has been documented in recent years. FISA 702 warrantless […]
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