SUBSCRIBE TO OUR FREE NEWSLETTER
Daily news & progressive opinion—funded by the people, not the corporations—delivered straight to your inbox.
5
#000000
#FFFFFF
5
#000000
#FFFFFF
For Immediate Release
July, 21 2023, 05:55pm EDT
Contact:
Brian Wesolowski,Director of Communications,press@cdt.org,+1 (202) 407-8814
New FISA Court Opinion Reveals More of the Same: Systemic Misuse of FISA 702
The Office of the Director of National Intelligence (ODNI) released a new FISA Court opinion today on FISA Section 702 that demonstrates a continued pattern of violating the rules regarding U.S. person queries and shocking new revelations of abuse. FISA Section 702, enacted in 2008, was originally justified as a counter-terrorism authority focused exclusively on foreigners abroad, but it has morphed into a sprawling warrantless surveillance system for sweeping in and scrutinizing communications of Americans and others in the United States.
In particular, the FISA Court revealed that in 2022, the FBI conducted improper queries to pull up the communications of a U.S. Senator, an unnamed State Senator, and a judge who had complained to the FBI about civil rights violations by a local police chief. None of these queries were likely to return foreign intelligence information or evidence of crimes.
Jake Laperruque, Deputy Director of CDT’s Security & Surveillance Project, says:
“One warrantless query for Americans’ private communications is one too many, and this opinion shows the government is still conducting hundreds of thousands per year, including thousands in violation of their own lax rules.
These new revelations of misconduct show yet again that lack of oversight invites abuse, and that it’s impossible to fix FISA 702 without adding a warrant rule for US person queries.”
Despite government claims that the situation is improving, noncompliance is still rampant. An audit of an FBI office—which had previously queried a batch of 19,000 campaign donors—found that even after new internal measures, improper queries were still occurring over 4 times per week on average.
The FISA court opinion stated FBI US person queries have “leveled off” at an astounding 40,000 to 50,000 per quarter, consistent with prior reporting of roughly 200,000 US person queries per year; even with the improved compliance rate cited this would result in thousands of non-compliant queries per year. The court also revealed new instances where queries were conducted in circumstances without the court order required by law, a statutory requirement that the FBI has violated in every applicable incident since its creation in 2018.
Laperruque added:
“The new information gives no cause for celebration. Claiming this level of warrantless surveillance and abuse is a positive sign is like giving a restaurant a five-star review because the meal was awful but didn’t give you food poisoning like last time.”
Additionally, the FISA Court opinion revealed a troubling expansion of queries by the NSA, conducted to vet individuals applying for immigration benefits. While the court’s opinion does not specify a range of benefits, it does indicate that some US persons who are lawful permanent residents are included. These queries are conducted on a dragnet basis and do not require expectations of returning foreign intelligence information or evidence of a crime.
The Center for Democracy and Technology works to promote democratic values and constitutional liberties in the digital age. With expertise in law, technology, and policy, CDT seeks practical solutions to enhance free expression and privacy in global communications technologies. CDT is dedicated to building consensus among all parties interested in the future of the Internet and other new communications media.
LATEST NEWS
Pope Leo Delivers 'Rebuke' of Pete Hegseth With Anti-War Palm Sunday Sermon
"This is our God: Jesus, King of Peace, who rejects war, whom no one can use to justify war."
Mar 29, 2026
Pope Leo XIV used his Palm Sunday sermon to take what appears to be a shot at US Defense Secretary Pete Hegseth.
In his sermon, excerpts of which he published on social media, the pope emphasized Christian teachings against violence while criticizing anyone who would invoke Jesus Christ to justify a war.
"This is our God: Jesus, King of Peace, who rejects war, whom no one can use to justify war," Pope Leo said. "He does not listen to the prayers of those who wage war, but rejects them."
The pope also encouraged followers to "raise our prayers to the Prince of Peace so that he may support people wounded by war and open concrete paths of reconciliation and peace."
While speaking at the Pentagon last week, Hegseth directly invoked Jesus when discussing the Trump administration's unprovoked and unconstitutional war with Iran.
Specifically, Hegseth offered up a prayer in which he asked God to give US soldiers "wisdom in every decision, endurance for the trial ahead, unbreakable unity, and overwhelming violence of action against those who deserve no mercy," adding that "we ask these things with bold confidence in the mighty and powerful name of Jesus Christ."
Mother Jones contributing writer Alex Nguyen described the pope's sermon as a "rebuke" of Hegseth, whom he noted "has been open about his support for a Christian crusade" in the Middle East.
Pope Leo is not the only Catholic leader speaking against using Christian faith to justify wars of aggression. Two weeks ago, Cardinal Pierbattista Pizzaballa, the Latin patriarch of Jerusalem, said "the abuse and manipulation of God’s name to justify this and any other war is the gravest sin we can commit at this time."
“War is first and foremost political and has very material interests, like most wars," Cardinal Pizzaballa added.
Keep ReadingShow Less
As Trump Prepares Iran Ground Assault, Expert Warns He's 'Run Out of Options' for Victory
"Trump’s problem is that whatever the claims he might make about the damage to Iran’s nuclear and military capacity, which is substantial, the regime survives, the international economy has been severely disrupted, and the bills keep on coming in."
Mar 29, 2026
President Donald Trump is reportedly preparing to launch some kind of ground assault on Iran in the coming weeks, but one prominent military strategy expert believes he's heading straight for defeat.
The Washington Post on Saturday reported that the Pentagon is preparing for "weeks" of ground operations in Iran, which for the last month has disrupted global energy markets by shutting down the Strait of Hormuz in response to aerial assaults by the US and Israel.
The Post's sources revealed that "any potential ground operation would fall short of a full-scale invasion and could instead involve raids by a mixture of Special Operations forces and conventional infantry troops" that could be used to seize Kharg Island, a key Iranian oil export hub, or to search out and destroy weapons systems that could be used by the Iranians to target ships along the strait.
Michael Eisenstadt, director of the Military and Security Studies Program at the Washington Institute for Near East Policy, told the Post that taking over Kharg Island would be a highly risky operation for American troops, even if initially successful.
“I just wouldn’t want to be in that small place with Iran’s ability to rain down drones and maybe artillery,” said Eisenstadt.
Eisenstadt's analysis was echoed by Ret. Gen. Joseph Votel, former head of US Central Command, who told ABC News that seizing and occupying Kharg Island would put US troops in a state of constant danger, warning they could be "very, very vulnerable" to drones and missiles launched from the shore.
Lawrence Freedman, professor emeritus of war studies at King's College London, believes that the president has already checkmated himself regardless of what shape any ground operation takes.
In an analysis published Sunday, Freedman declared Trump had run "out of options" for victory, as there have been no signs of the Iranian regime crumbling due to US-Israeli attacks.
Freedman wrote that Trump now "appears to inhabit an alternative reality," noting that "his utterances have become increasingly incoherent, with contradictory statements following quickly one after the other, and frankly delusional claims."
Trump's loan real option at this point, Freedman continued, would to simply declare that he had achieved an unprecedented victory and just walk away. But even in that case, wrote Freedman, "this would mean leaving behind a mess in the Gulf" with no guarantee that Iran would re-open the Strait of Hormuz.
"Success in war is judged not by damage caused but by political objectives realized," Freedman wrote in his conclusion. "Here the objective was regime change, or at least the emergence of a new compliant leader... Trump’s problem is that whatever the claims he might make about the damage to Iran’s nuclear and military capacity, which is substantial, the regime survives, the international economy has been severely disrupted, and the bills keep on coming in."
Keep ReadingShow Less
Critics Blast 'Clueless' New York Times for Dismissive Coverage of Historic No Kings Protests
"The NY Times saves its harshest skepticism for progressives," said one critic.
Mar 29, 2026
The New York Times is drawing criticism for publishing articles that downplayed the significance of Saturday's No Kings protests, which initial estimates suggest was the largest protest event in US history.
In a Times article that drew particular ire, reporter Jeremy Peters questioned whether nationwide events that drew an estimated 8 million people to the streets "would be enough to influence the course of the nation’s politics."
"Can the protests harness that energy and turn it into victories in the November midterm elections?" Peters asked rhetorically. "How can they avoid a primal scream that fades into a whimper?"
Journalist and author Mark Harris called Peters' take on the protests "predictable" and said it was framed so that the protests would appear insignificant no matter how many people turned out.
"There's a long, bad journalistic tradition," noted Harris. "All conservative grass-roots political movements are fascinating heartland phenomena, all progressive grass-roots political movements are ineffectual bleating. This one is written off as powered by white female college grads—the wine-moms slur, basically."
Media critic Dan Froomkin was event blunter in his criticism of the Peters piece.
"Putting anti-woke hack Jeremy Peters on this story is an act of war by the NYT against No Kings," he wrote.
Mark Jacob, former metro editor at the Chicago Tribune, also took a hatchet to Peters' analysis.
"The NY Times saves its harshest skepticism for progressives," he wrote. "Instead of being impressed by 3,000-plus coordinated protests, NYT dismisses the value of 'hitting a number' and asks if No Kings will be 'a primal scream that fades into a whimper.' F off, NY Times. We'll defeat fascism without you."
The Media and Democracy Project slammed the Times for putting Peters' analysis of the protests on its front page while burying straight news coverage of the events on page A18.
"NYT editors CHOSE that Jeremy Peters's opinions would frame the No Kings demonstrations and pro-democracy movement to millions of NYT readers," the group commented.
Joe Adalian, west coast editor for New York Mag's Vulture, criticized a Times report on the No Kings demonstrations that quoted a "skeptic" of the protests without noting that said skeptic was the chairman of the Ole Miss College Republicans.
"Of course, the Times doesn’t ID him as such," remarked Adalian. "He's just a Concerned Youth."
Jeff Jarvis, professor emeritus at the CUNY Graduate School of Journalism, took issue with a Times piece that offered five "takeaways" from the No Kings events that somehow managed to miss their broader significance.
"I despise the five-takeaways journalistic trope the Broken Times loves so," Jarvis wrote. "It is reductionist, hubristic in its claim to summarize any complex event. This one leaves out much, like the defense of democracy against fascism."
Journalist Miranda Spencer took stock of the Times' entire coverage of the No Kings demonstrations and declared it "clueless," while noting that USA Today did a far better job of communicating their significance to readers.
Harper's Magazine contributing editor Scott Horton similarly argued that international news organizations were giving the No Kings events more substantive coverage than the Times.
"In Le Monde and dozens of serious newspapers around the world, prominent coverage of No Kings 3, which brought millions of Americans on to the streets to protest Trump," Horton observed. "In NYT, an illiterate rant from Jeremy W Peters and no meaningful coverage of the protests. Something very strange going on here."
Keep ReadingShow Less
Most Popular