FBI wrongly searched for U.S. senator and state senator in Section 702 spy data, court says

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News of the latest violations comes as the Biden admin. faces a difficult battle in persuading Congress to renew Section 702 of the Foreign Intelligence Surveillance Act, which allows spy agencies to collect swaths of emails and other communications.

Another FBI employee improperly queried the Social Security number of a state judge who alleged civil rights violations by a municipal chief of police, according to the opinion by the chief judge of the Foreign Intelligence Surveillance Court.

U.S. officials say Section 702 enables their highest priority work on China, Russia and threats like terrorism and cybersecurity. But many Democratic and Republican lawmakers say they won’t vote to renew Section 702 when it expires at this year’s end without major changes targeting how the FBI uses foreign surveillance data to investigate Americans.

“We take seriously our role in protecting national security and we take just as seriously our responsibility to be good stewards of our Section 702 authorities,” Wray said in his statement. “We will continue to focus on using our Section 702 authorities to protect American lives and keeping our Homeland safe, while safeguarding civil rights and liberties.”

The surveillance court opinion released Friday didn’t disclose the names, states or party affiliations of the people whose names were searched. It said the searches of the state senator and U.S. senator occurred in June 2022. According to the court opinion, the analyst who did the searches had information that a foreign spy service was targeting the lawmakers.

The FBI gets a section of foreign surveillance data collected primarily by the National Security Agency, U.S. officials have said. Unlike the NSA and CIA, which go after intelligence targets abroad, the FBI is responsible for investigating threats affecting the U.S. such as cyberattacks or attempts to influence or interfere in American elections.

 

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