FBI Conducted An Astronomical Number Of Warrantless Searches Of Americans' Data

WSJ  |   The Federal Bureau of Investigation performed potentially millions of searches of American electronic data last year without a warrant, U.S. intelligence officials said Friday, a revelation likely to stoke longstanding concerns in Congress about government surveillance and privacy.

An annual report published Friday by the Office of the Director of National Intelligence disclosed that the FBI conducted as many as 3.4 million searches of U.S. data that had been previously collected by the National Security Agency.

Senior Biden administration officials said the actual number of searches is likely far lower, citing complexities in counting and sorting foreign data from U.S. data. It couldn’t be learned from the report how many Americans’ data was examined by the FBI under the program, though officials said it was also almost certainly a much smaller number.

The report doesn’t allege the FBI was routinely searching American data improperly or illegally.

The disclosure of the searches marks the first time a U.S. intelligence agency has published an accounting, however imprecise, of the FBI’s grabs of American data through a section of the Foreign Intelligence Surveillance Act, the 1978 law that governs some foreign intelligence gathering. The section of FISA that authorizes the FBI’s activity, known as Section 702, is due to expire next year.

While the ODNI report doesn’t suggest systemic problems with the searches, judges have previously reprimanded the bureau for failing to comply with privacy rules. Officials said the FBI’s searches were vital to its mission to protect the U.S. from national-security threats. The frequency of other forms of national-security surveillance detailed in the annual report generally fell year over year, in some cases continuing a multiyear trend.

The 3.4 million figure “is certainly a large number,” a senior FBI official said in a press briefing Friday on the report. “I am not going to pretend that it isn’t.”

More than half of the reported searches—nearly two million—were related to an investigation into a national-security threat involving attempts by alleged Russian hackers to break into critical infrastructure in the U.S. Those searches included efforts to identify and protect potential victims of the alleged Russian campaign, senior U.S. officials said.

Officials declined to give more details on the alleged Russian threat, including whether it was linked to the Russian government or a criminal hacking group. Russia has historically denied accusations of hacking the U.S. or other nations.