The latest report released by the U.S. intelligence community highlights a significant drop in the number of searches conducted by the FBI on Americans in a controversial foreign intelligence database. This decrease, from 119,383 searches in the previous year to 57,094 in 2023, was attributed to changes made by the FBI in its systems, processes, and training related to these queries. While the report did not specify the number of improper searches, the Department of Justice assured that regular audits were being conducted to ensure compliance.
The controversial surveillance program in question, Section 702 of the Foreign Intelligence Surveillance Act (FISA), was at the center of a heated debate in Congress over concerns about infringement on privacy and civil liberties. Despite objections raised by both Democratic and Republican lawmakers, the Biden administration advocated for the reauthorization of Section 702, citing its importance for national security. President Biden signed the reauthorization bill into law in April, extending the program for another two years.
The report also disclosed a significant increase in the number of U.S. persons “unmasked” by the NSA in response to specific government agency requests, rising from 11,511 in 2022 to 31,330 in 2023. “Unmasking” refers to the disclosure of identities redacted in classified materials, which can be requested by certain government agencies and officials. This surge in unmasking requests was related to a single intelligence report on foreign cyber actors attempting to compromise critical American infrastructure, which highlights the broader threats posed by foreign entities.
The overall number of targets under Section 702, categorized as “non-U.S. persons,” saw a steady increase from 246,073 in 2022 to 268,590 in 2023. Rebecca Richards, chief of ODNI’s Office of Civil Liberties, Privacy and Transparency, noted that this increase reflects the intelligence community’s efforts to address evolving foreign intelligence requirements. The report emphasizes that U.S. persons are not limited to individuals but also include technical and machine identifiers associated with U.S. companies, as seen in the unmasking requests related to critical infrastructure.
Senior intelligence officials remained tight-lipped on specific details regarding the foreign actors and infrastructure targeted in the unmasking requests, indicating ongoing concerns over cybersecurity threats. Recent warnings from U.S. officials regarding Chinese, Russian, and Iranian hackers targeting American infrastructure underscore the persistent risks faced by key sectors. The surveillance landscape continues to evolve, prompting continued scrutiny and oversight to balance national security imperatives with individual privacy rights.
The transparency report, issued annually following Edward Snowden’s disclosures in 2013, aims to provide accountability on the intelligence community’s use of surveillance authorities. While the reduction in FBI searches on Americans in the foreign intelligence database may signal progress in addressing privacy concerns, ongoing audits and oversight are crucial to ensuring compliance with legal and ethical standards. As technology and threats evolve, the delicate balance between surveillance capabilities and individual rights remains a paramount challenge for policymakers and intelligence agencies.
