The FBI has quietly revised its rules for searching data involving Americans’ communications collected by the National Security Agency.
The classified revisions were accepted by the secret U.S. FISA court that governs surveillance, under a set of powers colloquially known as Section 702. That is the portion of law that authorizes the NSA’s sweeping PRISM program, among other atrocities.
PRISM, and other surveillance programs, first came to mainstream public attention with the information leaked by NSA whistleblower Edward Snowden, preceeded by other NSA whistleblowers such as Thomas Drake and Bill Binney.
Since at least 2014 the FBI has been allowed direct access to the NSA’s massive collections of international emails, texts and phone calls – which often include Americans on one end of the conversation, and often “inadvertently” sweep up Americans’ domestic communications as well. FBI officials can search through the NSA data, using Americans’ identifying information, for “routine” queries unrelated to national security.
As of 2014, the FBI has not been required to make note of when it searched NSA-gathered metadata, which includes the “to” or “from” lines of an email. Nor does it record how many of its data searches involve Americans’ identifying details.
So, quick summary: secret surveillance programs enacted in secret ostensibly to protect America from terrorism threats are now turning over data on American citizens to the FBI, fully unrelated to issues of national security. The rules governing all this are secret, decided by a secret court.
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