As the result of a Freedom of Information Act lawsuit EPIC v. NSD, EPIC has obtained a report from the Department of Justice National Security Division detailing the FBI's use of foreign intelligence data for a domestic criminal investigation. Section 702 of the Foreign Intelligence Surveillance Act authorizes the surveillance of foreigners located abroad. However, the FBI can also use this data to investigate Americans. The report obtained by EPIC also shows that the FBI analyst failed to follow internal guidance to notify superiors of the search, raising questions about whether the FBI is accurately reporting these searches. The USA Rights Act, now pending in Congress, would require a federal agency to obtain a warrant to search foreign surveillance data for information on Americans.
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Privacy Law Sourcebook (2016)