May 26, 2017, "Declassified memos show FBI illegally shared spy data on Americans with private parties," Circa.com, John Solomon, Sara Carter
"The FBI has illegally shared raw intelligence about Americans with unauthorized third parties and violated other constitutional privacy protections, according to newly declassified government documents that undercut the bureau’s public assurances about how carefully it handles warrantless spy data to avoid abuses or leaks.... ..........
Jeffress concluded agents’ searches of NSA data now extend far beyond national security issues and thus were “overstepping” the constitutional protections designed to ensure the bureau isn’t violating Americans’ 4th Amendment protections against unlawful search and seizure.
“I think that in this case the procedures could be tighter and more restrictive, and should be in order to comply with the Fourth Amendment,” she added.
The court thanked Jeffress for her thoughtful analysis but ultimately rejected her recommendation to impose on the FBI a requirement of creating a written justification why each search would help pursue a national security or criminal matter....
That was late in 2015. But by early 2017, the court became more concerned after the Obama administration disclosed significant violations of privacy protections at two separate intelligence agencies involved in the Section 702 program.
The most serious involved the NSA searching for American data it was forbidden to search. But the FBI also was forced to admit its agents and analysts shared espionage data with prohibited third parties, ranging from a federal contractor to a private entity that did not have the legal right to see the intelligence....
The
court’s memo suggested the FBI’s sharing of raw intelligence to third
parties, at the time, had good law enforcement intentions but bad
judgment and inadequate training.
“Nonetheless, the above described practices violated the governing minimization procedures,” the court chided.
A footnote in the ruling stated one instance of improper sharing was likely intentional.
“Improper access” to NSA spy data for FBI contractors “seems to have been the result of deliberate decision-making,” the court noted.
The recently unsealed ruling also revealed the FBI is investigating more cases of possible improper sharing with private parties that recently have come to light.
The government “is investigating whether there have been similar cases in which the FBI improperly afforded non-FBI personnel access to raw FISA-acquired information on FBI systems,” the court warned.
The ruling cited other FBI failures in handling Section 702 intel, including retaining data on computer storage systems “in violation of applicable minimization requirements.”
Among the most serious additional concerns was the FBI’s failure for more than two years to establish review teams to ensure intercepts between targets and their lawyers aren’t violating the attorney-client privilege.
“Nonetheless, the above described practices violated the governing minimization procedures,” the court chided.
A footnote in the ruling stated one instance of improper sharing was likely intentional.
“Improper access” to NSA spy data for FBI contractors “seems to have been the result of deliberate decision-making,” the court noted.
The recently unsealed ruling also revealed the FBI is investigating more cases of possible improper sharing with private parties that recently have come to light.
The government “is investigating whether there have been similar cases in which the FBI improperly afforded non-FBI personnel access to raw FISA-acquired information on FBI systems,” the court warned.
The ruling cited other FBI failures in handling Section 702 intel, including retaining data on computer storage systems “in violation of applicable minimization requirements.”
Among the most serious additional concerns was the FBI’s failure for more than two years to establish review teams to ensure intercepts between targets and their lawyers aren’t violating the attorney-client privilege.
“Failures of the FBI to comply with this ‘review team’ requirement
for particular targets have been focus of the FISC’s concerns
since 2014,” the court noted.
The FBI said it is trying to resolve the deficiencies with aggressive training of agents.
That admission of inadequate training directly undercut Comey’s testimony earlier this month when questioned by Sen. Dianne Feinstein, D-Calif.
“Nobody gets to see FISA information of any kind unless they've had the appropriate training and have the appropriate oversight,” the soon-to-be-fired FBI director assured lawmakers.
The struggle for the intelligence court and lawmakers in providing future oversight will be where to set more limits without hampering counterterrorism effort.
The FBI told Circa in a statement, "As indicated in its opinion, the Court determined that the past and current standard minimization procedures are consistent with the Fourth Amendment and met the statutory definition of those procedures under Section 702."
Jeffress, however, warned in her 2015 brief of another dynamic that will pose a challenge too, an FBI culture to use a tool more just because it can.
“These scenarios suggest a potentially very large and broad scope of incidental collection of communications between a lawful target and U.S. persons that are not the type of communications Section 702 was designed to collect,” she told the court in a written memo.
And when questioned at a subsequent hearing, Jeffress observed: “I don’t think that the FBI will voluntarily set limits on its querying procedures, because law enforcement agencies tend not to take steps to restrict or limit what they can do, for obvious reasons.”"
.......................
Additional source, McClatchy:
May 26, 2017, "Secret [FISA] court rebukes NSA for 5-year illegal surveillance of U.S. citizens," McClatchy, Tim Johnson, via Miami Herald
"The court document also criticized the FBI’s distribution of intelligence data, saying it had disclosed raw surveillance data to sectors of its bureaucracy “largely staffed by private contractors.”
The “contractors had access to raw FISA information that went well beyond what was necessary to respond to the FBI’s requests,” it said, adding that the bureau discontinued the practice on April 18, 2016." [End of article]
...............
The FBI said it is trying to resolve the deficiencies with aggressive training of agents.
That admission of inadequate training directly undercut Comey’s testimony earlier this month when questioned by Sen. Dianne Feinstein, D-Calif.
“Nobody gets to see FISA information of any kind unless they've had the appropriate training and have the appropriate oversight,” the soon-to-be-fired FBI director assured lawmakers.
The struggle for the intelligence court and lawmakers in providing future oversight will be where to set more limits without hampering counterterrorism effort.
The FBI told Circa in a statement, "As indicated in its opinion, the Court determined that the past and current standard minimization procedures are consistent with the Fourth Amendment and met the statutory definition of those procedures under Section 702."
Jeffress, however, warned in her 2015 brief of another dynamic that will pose a challenge too, an FBI culture to use a tool more just because it can.
“These scenarios suggest a potentially very large and broad scope of incidental collection of communications between a lawful target and U.S. persons that are not the type of communications Section 702 was designed to collect,” she told the court in a written memo.
And when questioned at a subsequent hearing, Jeffress observed: “I don’t think that the FBI will voluntarily set limits on its querying procedures, because law enforcement agencies tend not to take steps to restrict or limit what they can do, for obvious reasons.”"
.......................
Additional source, McClatchy:
May 26, 2017, "Secret [FISA] court rebukes NSA for 5-year illegal surveillance of U.S. citizens," McClatchy, Tim Johnson, via Miami Herald
"The court document also criticized the FBI’s distribution of intelligence data, saying it had disclosed raw surveillance data to sectors of its bureaucracy “largely staffed by private contractors.”
The “contractors had access to raw FISA information that went well beyond what was necessary to respond to the FBI’s requests,” it said, adding that the bureau discontinued the practice on April 18, 2016." [End of article]
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