Commentary: The 2023 Congress’ Opportunity to Stop the FBI’s Spying on Americans

The 18-member U.S. intelligence community (IC) has released the Annual Statistical Transparency Report Regarding the Intelligence Community’s Use of National Security Surveillance Authorities. One of the few to pay attention was historian Matthew Guariglia, a policy analyst at the Electronic Frontier Foundation and an affiliated scholar at the University of California’s Hastings School of Law.

This government document, the ninth such report to be made public, “provides statistics and contextual information concerning how the Intelligence Community uses the Foreign Intelligence Surveillance Act and certain other national security authorities to accomplish its mission.”

The law authorizes the U.S. government to engage in mass surveillance of foreign targets. As Guariglia discovered, FISA is “still being abused by the Federal Bureau of Investigation (FBI) to spy on Americans without a warrant.” This abuse takes place under Section 702, an amendment to FISA.

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