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Senators Allege US Government Illegally Withholding FISA Court Ruling on Surveillance

🔄 Updated 10d ago
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Key points

  • Senators Wyden and Schiff accuse the US government of illegally withholding a FISC ruling.
  • The ruling concerns issues with search filters under FISA's Section 702.
  • Section 702 allows warrantless interception of communications, including those of US citizens.
  • The ruling was issued in March and was due for public release by September 13.
  • The administration is seeking renewal of Section 702 while the ruling remains undisclosed.

Allegations of Withheld Surveillance Ruling

Two Democratic senators, Ron Wyden of Oregon and Adam Schiff of California, assert that the US government is illegally withholding a Foreign Intelligence Surveillance Court (FISC) ruling from Congress. This ruling pertains to the Foreign Intelligence Surveillance Act (FISA) and its controversial Section 702, which permits the warrantless interception of communications, including those of American citizens.

Details of the Undisclosed Ruling

The undisclosed FISC ruling, issued seven months prior in March, raised objections to certain search filters. These filters allowed intelligence analysts to access Americans' messages from intercepted data without the necessary approvals, written justifications, or records mandated by law. Despite these objections, the court approved another year of surveillance under Section 702.

Failure to Meet Public Disclosure Deadline

According to the administration's own public documentation, such rulings are to be reviewed for public release within 180 days of issuance. The deadline for this specific ruling was September 13, 2023, which has passed without the ruling being made public. Senators Wyden and Schiff highlight this failure to comply with the established transparency protocols.

Context of Section 702 Renewal

The allegations surface as intelligence officials are pressing lawmakers to reauthorize Section 702 by the end of the year. The program itself lapsed in June after Congress did not renew it, though collection activities have continued under the court's March approval. The senators suggest the ruling is being withheld until the program's renewal is secured.

Implications for Oversight

FISA was originally intended to allow interception of communications by foreign agents on US soil, with safeguards for oversight. However, its use under Section 702 to intercept American citizens' communications without a warrant has been a point of contention. The alleged withholding of the FISC ruling raises questions about adherence to legal limits on surveillance and proper congressional oversight.

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How outlets covered it

Two Democratic senators claim the Trump administration is illegally withholding a secret Foreign Intelligence Surveillance Court (FISC) ruling from Congress. The ruling concerns objections to search filters used to access Americans' communications under Section 702 of FISA without proper approvals, and its release is overdue.

Two Democratic senators accuse the Trump administration of illegally withholding a Foreign Intelligence Surveillance Court (FISC) ruling from Congress. The ruling, which found issues with search filters allowing access to Americans' communications without proper justification, is being withheld as the administration seeks renewal of Section 702 of FISA.

Two senators claim the US government is illegally conducting electronic surveillance of its own citizens by failing to make public a Foreign Intelligence Surveillance Court (FISC) ruling. This alleged non-compliance concerns the renewal of Section 702 of FISA, which permits warrantless interception of communications, and raises questions about adherence to legal limits on surveillance.