Biden's Intelligence Advisory Board Exposes Alarming FBI Violations In Controversial Surveillance Program

Written By BlabberBuzz | Monday, 31 July 2023 11:10 PM
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The President's Intelligence Advisory Board (PIAB) has unanimously recommended the renewal of FISA Section 702, a national security authority that allows warrantless surveillance of non-American citizens outside the U.S.

However, the board also highlighted the alarming history of FBI search violations, including improper queries on Americans, as a significant obstacle to public trust and congressional approval. The program is set to expire in December.

In a scathing critique of compliance shortfalls, the PIAB proposed 13 reforms primarily aimed at addressing the FBI's pervasive lack of understanding regarding query standards, complacency, and lack of urgency to comply. These recommendations come in the wake of widespread bipartisan skepticism about the program's merits and the challenges in conveying the grave consequences of its expiration to lawmakers.

President Biden authorized the release of the PIAB's analysis and findings, acknowledging the need to address concerns and build trust among the public and Congress. The report reveals that nearly 60% of articles in the president's daily intelligence brief are derived from Section 702 information, indicating its significant role in informing national security decisions.

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According to one U.S. official, the analysis warns that failure to reauthorize Section 702 would be one of the worst intelligence failures of our time, with severe implications for national security. The official emphasized that allowing the program to expire would be a known goal, essentially handing a significant victory to China, Russia, terrorists, and fentanyl smugglers.

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Section 702 is designed to filter out communications of U.S. persons while spying on foreign sources through backdoors in telecommunications networks and other electronic communications companies. However, it has faced criticism for inadvertently collecting communications from Americans in contact with foreign targets, known as "incidental collection."

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The PIAB's report reveals several intelligence successes resulting from Section 702 information, including thwarting a planned 2009 suicide bombing in the New York City subway and preventing a vehicle bombing at a Christmas tree lighting in Portland, Oregon, the following year. It also highlights the program's role in preventing undisclosed cyber-attacks against critical U.S. infrastructure, locating international terrorists, identifying threats to U.S. troops, and enabling the seizure of fentanyl and related materials.

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However, the report also sheds light on a series of compliance mistakes, lack of strong oversight, and inappropriate use by the FBI. While no evidence of willful misuse of the FBI for political purposes was found, the report references a damning secret court order released by the Foreign Intelligence Surveillance Court in May. The order details thousands of FBI search violations, including probes related to the breach of the U.S. Capitol on January 6, 2021, riots following the murder of George Floyd in 2020, and improper probes of donors to a congressional campaign.

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The report highlights a pattern of violations by the FBI between 2016 and 2020, where the agency regularly queried police homicide reports without reasonable basis. The FBI defended these queries, stating that querying FISA information using identifiers of the victims was reasonably likely to retrieve evidence of a crime.

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To address public distrust, the PIAB has proposed several recommendations, the most significant of which would remove the FBI's authority to conduct queries unrelated to national security. Other recommendations include streamlining standards across all four intelligence agencies using Section 702 and implementing a two-person approval process for checks involving U.S. persons.

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While the board considered requiring probable cause for inquiries on U.S. persons, it ultimately decided against it due to the challenges in meeting the legal threshold before determining whether the subjects of the searches are victims being targeted by a foreign actor or participants in the crime. The report emphasizes that requiring a warrant or court order for every U.S. person query would significantly impede the FBI and intelligence agencies' ability to perform their duties.

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The PIAB acknowledges that public trust has been eroded by the government's inability to estimate the scope of incidental collection on U.S. persons. However, the report cites legal precedent upholding the constitutionality of Section 702 surveillance, which targets foreign actors without Fourth Amendment protections.

Officials who spoke to Fox News on background could not estimate how much improper incidental collection would be mitigated by the proposed changes. However, they emphasized that the aim is not to minimize the amount of data collected but to curtail its misuse. Strengthening benchmarks for use and improving compliance may have the same effect as limiting the number of people who can access the database.

The PIAB hopes that the recommended creation of a new counternarcotics certification before the FISA court will gain support in the upcoming Congressional fight. This certification is seen as crucial in combating the smuggling of synthetic opioids, particularly Fentanyl, into the United States.

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