A federal district court has declared that searching databases of Americans’ communications collected under Section 702 generally requires a warrant, putting stronger safeguards around private data.
Key Facts:
- The ruling came in United States v. Hasbajrami after over a decade of legal battles.
- Section 702 allows the government to collect communications involving people outside the United States, even if an American is on the other end.
- The FBI has routinely searched these databases without obtaining a warrant.
- In 2021 alone, the FBI reportedly conducted 3.4 million warrantless searches of Americans’ data.
- Section 702 is set to expire on April 15, 2026.
The Rest of The Story:
The court’s decision follows years of debate over whether federal agencies can sift through massive collections of communications without court approval.
In previous reauthorizations of Section 702, Congress did not add explicit warrant requirements, despite repeated disclosures that the FBI and other agencies used the data in ways some considered abusive.
The foreign intelligence court tasked with reviewing these surveillance practices has also been reluctant to require warrants.
Now, a federal district court has found that these so-called “backdoor searches” amount to separate intrusions protected by the Fourth Amendment, thus generally requiring judicial oversight.
Hasbajrami’s situation illustrates the issue.
Arrested in 2011 based on emails gathered under Section 702, he only later learned that his own communications were used as evidence in a process that did not involve a warrant.
The court concluded that the government should not be allowed to rely on a “foreign intelligence exception” to bypass the Fourth Amendment’s warrant clause.
Great news in United States v. Hasbajrami where the court held that warrantless searches conducted under FISA Section 702 violated the Fourth Amendment.
We urge Congress to also address these unconstitutional practices and look to protect privacy rights.https://t.co/MyGcAlCgR7
— Due Process Institute (@iDueProcess) January 22, 2025
Commentary:
We support the court’s ruling that federal agents should secure a warrant before reviewing private information.
A warrant process forces the government to justify its investigations to a neutral judge, striking a fair balance between national security needs and the constitutional rights of citizens.
This decision also shows that Congress should take action.
By insisting on a strict warrant requirement, lawmakers can help protect ordinary Americans from excessive surveillance.
It should not be too much to ask for a judge’s approval before law enforcement rummages through personal communications.
The Bottom Line:
This ruling is a significant legal milestone, reinforcing the idea that a warrant should be standard for searching private data.
It may prompt Congress to revisit Section 702 and adopt stronger measures that protect everyone’s personal communications.
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