The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Archiv: Foreign Intelligence Surveillance Act (FISA) / Section 702
Kash Patel‘s views on surveillance ‚willfully ignore the Constitution‘: GOP ex-rep
(January 31, 2025)
Specifically, Amash took issue with Patel‘s admission to senators that he opposes a potential requirement to obtain a warrant to engage in surveillance under the controversial Section 702 program of the Foreign Intelligence Surveillance Act, which is used to gather intelligence on foreign adversaries, saying it “is just not comported with the requirement to protect American citizenry.”
„Kash Patel’s position that a warrant should not be required to search the communications of Americans under FISA 702 is disqualifying,“ said Amash. „The Constitution of the United States is the law. It requires a warrant. Anyone who willfully ignores the Constitution should not head the FBI.“
FBI nominee Kash Patel confirmed in narrow Senate vote
And in another message meant to assuage senators, Patel said he didn’t find it feasible to require a warrant for intelligence agencies to surveil U.S. citizens suspected to be involved in national security matters, referring to Section 702 of the Foreign Intelligence Surveillance Act (FISA).
„Having a warrant requirement to go through that information in real time is just not comported with the requirement to protect American citizens,“ Patel said. „It’s almost impossible to make that function and serve the national, no-fail mission.“
„Get a warrant“ had become a rallying cry of right-wing conservatives worried about the privacy of U.S. citizens, and almost derailed the reauthorization of the surveillance program entirely.
Gabbard Says She Now Supports FISA Section 702
(January 12, 2025)
President Donald Trump’s nominee for Director of National Security, Tulsi Gabbard, told Senators that she now supports Section 702 of the FISA Act. 702 is viewed as giving the US government the power to surveil Americans warrantlessly. Gabbard previously authored a bill that would have ended the mass surveillance program.
Former Democratic Rep. Tulsi Gabbard is Trump‘s pick for director of national intelligence
(November 13, 2024)
„Trump ended up with some neocons around him who were trying to undermine his objectives so they could feed their goals of continuing to keep us in a perpetual state of war,“ Gabbard said, discussing his first administration. „This administration has us facing multiple wars on multiple fronts and regions around the world and closer to the brink of nuclear war than we ever have been before,“ Gabbard said when she endorsed Trump during a campaign event in Michigan.
„This is one of the main reasons why I‘m committed to doing all that I can to send President Trump back to the White House, where he can, once again, serve us as our commander in chief.“
Senate passes surveillance bill despite contentious debate over privacy concerns
Congress had been up against a Friday deadline after authority for Section 702 was extended through that date as part of the National Defense Authorization Act.
Senate passes reauthorization of key US surveillance program after midnight deadline
After its midnight deadline, the Senate voted early Saturday to reauthorize a key U.S. surveillance law after divisions over whether the FBI should be restricted from using the program to search for Americans’ data nearly forced the statute to lapse.
The legislation approved 60-34 with bipartisan support would extend for two years the program known as Section 702 of the Foreign Intelligence Surveillance Act.
FBI chief makes fresh pitch for spy program renewal and says it’d be ‘devastating’ if it lapsed
Sen. Mike Lee, a Utah Republican, said that during his 13 years on the committee, he’d pressed multiple FBI directors about civil liberties violations associated with the surveillance program and had repeatedly been given false reassurances about the reforms being put in place.
“Every darn one of them has told me the same thing: ‘Don’t worry about it, we’ve got this taken care of, we’ve got new procedures, it’s going to be different now,’” Lee said. “It’s never different. You haven’t changed.”
FBI director makes plea for 702 reauthorization without a warrant requirement
(05.12.2023)
FBI Director Christopher Wray at a Tuesday hearing gave an impassioned pitch for Congress to reauthorize warrantless surveillance powers for the intelligence community without the need to secure a court’s blessing to review information on Americans swept up in the process.
Section 702 of the Foreign Intelligence Surveillance Act is set to expire at the end of the year unless it is reauthorized by Congress, threatening to topple a program that allows the U.S. government to monitor the communications of foreign nationals located abroad.
FBI director warns senators he sees ‘blinking lights everywhere’ on threats against the US
(December 6, 2023)
The FBI director is pushing senators on reauthorizing Section 702 of the Foreign Intelligence Surveillance Act, which is set to expire at the end of this year. The law enables the US government to obtain intelligence by targeting non-Americans overseas who are using US-based communications services.
America Since 9/11: 22 Years of Lies and Despotism
Just last week, Dick Cheney took to social media to condemn Donald Trump as a threat „to our republic.“ This video echoes a similar condemnation from George W. Bush in 2021.
In a more reasonable world, people like Cheney, Rice, Bolton, et al, would all be forgotten, shamed, disgraced politicians. They all would have been forced into retirement and shunned years ago after overseeing multiple disastrous wars abroad and the creation of a surveillance state at home. Many of them would just now be emerging from prison for their crimes against both international law and the US Constitution.
Unfortunately, we don‘t live in a more reasonable world.
Transatlantische Massenüberwachung: Nimm das doch endlich ernst, Ursula!
Der „Transatlantische Datenschutzrahmen“ garantiert US-Konzernen wie Facebook, dass sie weiterhin Nutzer:innendaten aus Europa ungehindert in die USA übertragen können. Dass sie dort kaum rechtlichen Schutz vor dem anlasslosen wie massenhaften Zugriff der amerikanischen Behörden haben, daran ändert der neue Datenschutzrahmen ebenso wenig wie seine beiden gescheiterten Vorgänger Safe Harbor und Privacy Shield. Schon 2015 und 2020 erklärte der Europäische Gerichtshof diese Beschlüsse der EU-Kommission für ungültig, die eine Blankoerlaubnis für den Datentransfer in die USA geben. Doch allen Bedenken zum Trotz hat die EU-Kommission nun ein drittes Mal einen Blankoscheck ausgestellt – aus der Zusicherung Von der Leyens im Vorjahr wurde nun eine rechtsgültiger Beschluss.
Elon Musk: The US Government, Intelligence Agencies Had Access To Twitter Backdoor, Ability To Spy On Direct Messages
(Apr 17, 2023)
“The degree to which government agencies effectively had full access to everything that was going on on Twitter blew my mind,” Musk told Carlson. “I was not aware of that.”
Revealed: Google and Facebook DID allow NSA access to data and were in talks to set up ‚spying rooms‘ despite denials by Zuckerberg and Page over PRISM project
(8 June 2013)
Meanwhile, Twitter is one company which has managed to keep mum in PRISM discussions.
NSA Prism program taps in to user data of Apple, Google and others
(7 Jun 2013)
The Guardian has verified the authenticity of the document, a 41-slide PowerPoint presentation – classified as top secret with no distribution to foreign allies – which was apparently used to train intelligence operatives on the capabilities of the program. The document claims „collection directly from the servers“ of major US service providers.
Although the presentation claims the program is run with the assistance of the companies, all those who responded to a Guardian request for comment on Thursday denied knowledge of any such program.
US-Geheimdienste: Lizenz zur weltweiten Überwachung läuft aus
Dass besagte Section 702 verlängert wird, steht kaum außer Frage.
The FBI abused its surveillance of Americans 278,000 times in 18 months
Section 702 of the FISA Act allows agencies like the NSA to eavesdrop on foreign nationals overseas. It prohibits spying on US citizens or anyone who‘s within the United States. (…)
In practice, then, NSA maintains a huge database of information about the communications of US citizens. Agencies like the FBI are allowed to query this database, but only under strict rules. The primary rule is that queries can only be done if they are related to foreign intelligence or are likely to show evidence of a crime.
Citing cyber investigations, officials ask Congress to renew surveillance powers
(14.06.2023)
In a joint written testimony from the Biden administration witnesses, the NSA, FBI and CIA all cited Section 702’s usefulness for cybersecurity.
US intelligence community presses for FISA Section 702 reauthorization
(13.06.2023)
Officials from U.S. intelligence agencies backed reauthorization of Section 702 of the Foreign Intelligence Surveillance Act ahead of a U.S. Senate subcommittee hearing Tuesday. One official characterized a potential lapse or „unusable“ modifications to Section 702 as „grave national security risks.“ The support for full reauthorization came as 21 advocacy groups joined on a letter urging reform of Section 702. Meanwhile, the Office of the Director of National Intelligence issued a report regarding purchases of commercially available personal information by the U.S. intelligence community.
The FBI’s Constant Abuse Of Section 702 Surveillance May Finally Take This Tool Away From The NSA
That’s been the takeaway from every examination of the FBI’s access to NSA Section 702 collections. The FBI says one thing, does another, and months or years down the road, the system of checks and balances decides to call bullshit.
US says China can spy with TikTok. It spies on world with Google
(28.03.2023)
Section 702 of the Foreign Intelligence Surveillance Act (FISA), which the US Congress must vote to reauthorise by December to prevent it from lapsing under a sunset clause, allows US intelligence agencies to carry out warrantless spying on foreigners’ email, phone and other online communications.
While US citizens have some protections against warrantless searches under the Fourth Amendment of the US Constitution, the US government has maintained that these rights do not extend to foreigners overseas, giving agencies such as the National Security Agency (NSA), Federal Bureau of Investigation (FBI) and Central Intelligence Agency (CIA) practically free rein to snoop on their communications.
We can ‘neither confirm nor deny’ we’re spying on Congress
(16.05.2022)
Government attorneys assert it is legal for their agencies to simply open the government purse and buy our data scraped from apps and social media, no warrant needed. When further challenged, the government’s ultimate fallback is a claim that a Reagan-era executive order, known as E.O. 12333, means that it needs no statutory authority to look at whatever it wants.
It wasn’t supposed to be like this. Congress created the Freedom of Information Act in 1967 at a time when lawless surveillance of Americans by the FBI and CIA was rampant.
Report Shows FBI Spied On 3.3 Million Americans Without A Warrant, GOP Demands Answers
In a May 25 letter to FBI Director Christopher Wray, Reps. Jim Jordan (R-Ohio) and Mike Turner (R-Ohio) asked Wray to explain why his agency had wiretapped and gathered personal information on over 3.3 million Americans without a warrant (pdf).
Limited authority to gather foreign intelligence information is granted by the Foreign Intelligence Surveillance Act (FISA).
Intelligence community gears up for surveillance powers renewal
(today)
The Office of the Director of National Intelligence recently started convening an informal team of representatives from a handful of relevant spy agencies to study, and potentially plot a course for, the reauthorization of the sweeping warrantless program allowed under Section 702 of the Foreign Intelligence Surveillance Act, two sources familiar with the effort told The Record. The powers are due to sunset in December 2023 unless lawmakers act.
Congress last extended the life of the surveillance powers — which allow the federal government to collect the emails and electronic communications of foreign intelligence targets from U.S. companies like Google, but also incidentally vacuum up the personal data of Americans — in early 2018.
The Secrecy and Unaccountability of the Surveillance State Delegitimizes the Government and Undermines Trust
This warrantless mass surveillance of people in the United States—often capturing information on millions of innocent Americans, with disproportionate impacts on communities of color—fuels resentment against the government from both ends of the ideological spectrum.
Senators demand answers on expired surveillance programs
Sens. Patrick Leahy (D-Vt.) and Mike Lee (R-Ut.) on Thursday pressed the Trump administration on whether and how mass surveillance programs authorized by the Foreign Intelligence Surveillance Act have been halted since the act‘s expiration.
The letter to Attorney General William Barr and Director of National Intelligence John Ratcliffe raises concerns that the administration may be be continuing to conduct surveillance operations by relying on Executive Order 12333.
Here‘s what‘s happening: late last night @SpeakerPelosi attempted to ram through a reauthorization of #FISA and #PatriotAct surveillance authorities. But she had to cancel the vote at the last minute when it became clear she didn‘t have even close to enough votes to pass it.
She‘s trying to blame that on Trump tweeting about it, but the reality is that the vote was going to fail anyway because the entire Congressional Progressive Caucus (nearly 100 member of the House) came out against the bill after Pelosi let @RepAdamSchiff
gut a privacy amendment
Now @SpeakerPelosi
is trying to do an end-run around her own party and is going to attempt to sneak the reauthorization through by using an obscure congressional mechanism to reconcile a previous version of the bill the House passed with the version the Senate passed.
Thank you to our GREAT Republican Congressmen & Congresswomen on your incredibly important blockage last night of a FISA Bill that would just perpetuate the abuse that produced the Greatest Political Crime In the History of the U.S., the Russian Witch-Hunt. Fantastic Job!
The House just ditched a bill that would renew and expand the FBI‘s surveillance powers after Trump threatened to veto it
The House of Representatives abandoned a plan to pass a reauthorization of the Patriot Act Thursday after President Donald Trump tweeted that he would veto the bill if it passes.
‚Just Let the Patriot Act Die You Cowards‘: House Lawmakers Urged to Vote Down Flawed Domestic Spy Bill
(27.05.2020)
As Common Dreams reported earlier, House Intelligence Committee Chair Rep. Adam Schiff was a target of specific ire for his role in sabotaging the amendment which sought to strengthen the bill‘s privacy protections and judicial oversight. As Gizmodo‘s Dell Cameron remarked after the day‘s developments, „Although it‘s really been something of a mass delusion for a while, the idea that Democrats are somehow better than Republicans on the Fourth Amendment is, as of this week, nothing short of a joke.“
The fact that the GOP-controlled Senate has managed to pass more progressive privacy reforms than the Democratic majority in the House, which has introduced precisely none, should not go unnoticed,“ Cameron added.
Trump tweet throws House vote on government surveillance powers into doubt
The request to shelve the vote was the latest hurdle for legislation reauthorizing authorities from the 2001 Patriot Act that‘s been squeezed both by FISA opponents who have pushed for more civil liberties protections and by the President and his allies furious over the role of the FISA court in the Russia investigation and the misconduct with warrants obtained on former Trump adviser Carter Page.
„I hope all Republican House Members vote NO on FISA until such time as our Country is able to determine how and why the greatest political, criminal, and subversive scandal in USA history took place!“ Trump tweeted on Tuesday evening.
Handling of Flynn case should concern all Americans
Regardless of our political leanings, what happened to Michael Flynn should concern every American. While we should insist on details about his case, a more important question needs to be answered:
How many other people have been treated similarly by the FBI and other law enforcement agencies?
Former CBS Reporter One Of The First ‘To Identify Myself As A Target of Illegal Spying Under Obama Admin’
“I believe many, many others were spied on but do not know” said Attkisson. “It was only thanks to help from intelligence contacts that I even learned that government agents were spying me. Otherwise, I never suspected it or would have known.”