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FBI’s warrantless ‘backdoor’ searches ruled unconstitutional


It’s been a long time coming.

Following years of litigation, a federal court has finally ruled it unconstitutional for the FBI to search communications of US citizens collected under Section 702 of the Foreign Intelligence Surveillance Act (FISA). While communications of U.S. persons may nonetheless be intercepted, incidentally or inadvertently, it would be paradoxical to permit warrantless searches of the same information that Section 702 is specifically designed to avoid collecting. To countenance this practice would convert Section 702 into precisely what Defendant has labeled it – a tool for law enforcement to run “backdoor searches” that circumvent the Fourth Amendment.

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