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> According to the declassified FISC ruling, despite paper reforms which the FBI has touted that it put into place to respond to the last time it was caught vio
by ucarion 3y ago
> According to the declassified FISC ruling, despite paper reforms which the FBI has touted that it put into place to respond to the last time it was caught violating U.S. law, the Bureau conducted four queries for the communications of a state senator and a U.S. senator.
Ironically, it seems that a significant chunk of the progress FBI has made in terms of 702 compliance comes from a pretty trivial "paper reform": changing the default in their search portal to have 702 be defaulted to "off".
> In June 2021, the FBI changed the default settings in the systems where it
stores unminimized Section 702 information so that FBI personnel with access to
unminimized FISA Section 702 information need to affirmatively “opt-in” to querying such information. This system change was designed to address the large number of inadvertent queries of unminimized Section 702 information DOJ had identified in its reviews, in which FBI personnel did not realize their queries would run against such collection. Historically, users were automatically opted-in to querying unminimized Section 702 information in these databases if they had been authorized to access unminimized Section 702 information.
https://www.justice.gov/d9/pages/attachments/2023/03/03/recent_efforts_to_strengthen_fisa_compliance_02.28.23.pdf https://www.justice.gov/d9/pages/attachments/2023/03/03/rece...
Josh Geltzer (a deputy DHS advisor) said on Lawfare that this probably alone dramatically reduces the number of noncompliant FBI 702 searches:
https://www.lawfaremedia.org/article/the-lawfare-podcast-josh-geltzer-on-702-reauthorization https://www.lawfaremedia.org/article/the-lawfare-podcast-jos...
- noleary 3y agogood point