Feds rethink warrantless search stats and – oh look, a huge drop in numbers

2023-05-02 01:56

Warrantless searches of US residents' communications by the FBI dropped sharply last year - from about 3.4 million in 2021 to 119,383 in 2022, according to Uncle Sam.

For one, the FBI changed the methodology used to calculate the number of Section 702 searches, and says previous years' reports used duplicative counting methods.

Over the past year the FBI implemented new processes around Section 702 searches, including mandatory query training and "Enhanced approval requirements for certain 'sensitive' queries, such as those involving domestic public officials or members of the news media."

All of these measures contributed to the drop in warrantless searches, according to the report.

Around 119,000 queries represents an "Undeniably a big drop" from previous years' searches, said Jake Laperruque, deputy director of Center for Democracy and Technology's Security and Surveillance Project.

For comparison, Laperruque pointed to the 2,245 wiretaps authorized by state and federal judges in 2021 - and the application process and judicial review that law enforcement must go through to obtain these surveillance tools, compared to the "Backdoor search loophole" in Section 702.

News URL

https://go.theregister.com/feed/www.theregister.com/2023/05/02/fbi_section_702_searches_2022/

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