“A damning 99-page unsealed ruling from the FISC, dated April 26, 2017, and issued by presiding Judge Rosemary Collyer, provided further insight into additional FISA abuse engaged in by the Intelligence Community in relation to Section 702 data and minimization procedures.
Section 702 permits the government to surveil foreign persons located outside the United States for the purpose of acquiring foreign intelligence information. Minimization procedures are intended to protect any U.S. person’s information that is incidentally acquired in the course of Section 702 collection.
The FISA court found that the government had been engaging in a long pattern of significant abuses that were revealed to the court by then-National Security Agency Director Adm. Mike Rogers.
“On October 24, 2016, the government orally apprised the Court of significant non-compliance with the NSA’s minimization procedures involving queries of data acquired under Section 702 using U.S. person identifiers. The full scope of non-compliant querying practices had not been previously disclosed to the Court,” the FISC ruling read.
The court noted the government’s failure to previously notify the court of these issues, referring to the government’s actions as exhibiting an institutional “lack of candor” while emphasizing that “this is a very serious Fourth Amendment issue.”
The litany of abuses described in the April 26, 2017, ruling was shocking and detailed the use of private contractors by the FBI in relation to Section 702 data. The FBI was specifically singled out by the FISC numerous times in the ruling:
“The improper access previously afforded the contractors has been discontinued. The Court is nonetheless concerned about the FBI’s apparent disregard of minimization rules and whether the FBI may be engaging in similar disclosures of raw Section 702 information that have not been reported.”
The FISA process has been the target of ongoing abuse from various elements within the intelligence community, and the processes and procedures that we have been told protect us appear to be routinely compromised at will.
As a result of the April 2017 FISC ruling, changes to the FISA process have been made. Nevertheless, a complete re-examination of the entire FISA system appears to be not only warranted, but perhaps necessary.” (Read more: Epoch Times, 2/11/2019)