Federal Court Rules Backdoor Searches of 702 Data Unconstitutional
A federal district court has ruled that backdoor searches of Americans' private communications collected under Section 702 of FISA are unconstitutional without a warrant. "The landmark ruling comes in a criminal case, United States v. Hasbajrami, after more than a decade of litigation, and over four years since the Second Circuit Court of Appeals found that backdoor searches constitute 'separate Fourth Amendment events' and directed the district court to determine a warrant was required," reports the Electronic Frontier Foundation (EFF). "Now, that has been officially decreed." Longtime Slashdot reader schwit1 shares the report: Hasbajrami involves a U.S. resident who was arrested at New York JFK airport in 2011 on his way to Pakistan and charged with providing material support to terrorists. Only after his original conviction did the government explain that its case was premised in part on emails between Mr. Hasbajrami and an unnamed foreigner associated with terrorist groups, emails collected warrantless using Section 702 programs, placed in a database, then searched, again without a warrant, using terms related to Mr. Hasbajrami himself. The district court found that regardless of whether the government can lawfully warrantlessly collect communications between foreigners and Americans using Section 702, it cannot ordinarily rely on a "foreign intelligence exception" to the Fourth Amendment's warrant clause when searching these communications, as is the FBI's routine practice. And, even if such an exception did apply, the court found that the intrusion on privacy caused by reading our most sensitive communications rendered these searches "unreasonable" under the meaning of the Fourth Amendment. In 2021 alone, the FBI conducted 3.4 million warrantless searches of US person's 702 data. Read more of this story at Slashdot.
A federal district court has ruled that backdoor searches of Americans' private communications collected under Section 702 of FISA are unconstitutional without a warrant. "The landmark ruling comes in a criminal case, United States v. Hasbajrami, after more than a decade of litigation, and over four years since the Second Circuit Court of Appeals found that backdoor searches constitute 'separate Fourth Amendment events' and directed the district court to determine a warrant was required," reports the Electronic Frontier Foundation (EFF). "Now, that has been officially decreed." Longtime Slashdot reader schwit1 shares the report: Hasbajrami involves a U.S. resident who was arrested at New York JFK airport in 2011 on his way to Pakistan and charged with providing material support to terrorists. Only after his original conviction did the government explain that its case was premised in part on emails between Mr. Hasbajrami and an unnamed foreigner associated with terrorist groups, emails collected warrantless using Section 702 programs, placed in a database, then searched, again without a warrant, using terms related to Mr. Hasbajrami himself.
The district court found that regardless of whether the government can lawfully warrantlessly collect communications between foreigners and Americans using Section 702, it cannot ordinarily rely on a "foreign intelligence exception" to the Fourth Amendment's warrant clause when searching these communications, as is the FBI's routine practice. And, even if such an exception did apply, the court found that the intrusion on privacy caused by reading our most sensitive communications rendered these searches "unreasonable" under the meaning of the Fourth Amendment. In 2021 alone, the FBI conducted 3.4 million warrantless searches of US person's 702 data.
Read more of this story at Slashdot.
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