FBI's Warrantless Searches Deemed Unconstitutional, Sparking Calls for Section 702 Reform

2025-01-24
FBI's Warrantless Searches Deemed Unconstitutional, Sparking Calls for Section 702 Reform

A US court ruled that the FBI's warrantless searches of communications, conducted under Section 702 of the Foreign Intelligence Surveillance Act (FISA), violate the Fourth Amendment. The ruling stems from a case involving 3.4 million warrantless searches in 2021. While the judge acknowledged potential exceptions for national security emergencies, the decision emphasizes that the government cannot circumvent warrant requirements simply because data is already held. This ruling reignites calls for Section 702 reform, with digital rights groups urging Congress to mandate warrants for searching US persons' data and increase transparency to protect civil liberties.