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FBI’s Warrantless Search Ruled Unconstitutional in a Blow to Government Spying

7 23
27.01.2025

A case that started a decade ago with a New York City man’s arrest at John F. Kennedy Airport for allegedly trying to join a Pakistani terrorist group has now dealt a setback to government spying powers.

In a decision that could feed into a looming fight over government surveillance, a federal court ruled last month that FBI agents violated the man’s constitutional rights when they searched National Security Agency databases for information on him dozens of times without a warrant.

The decision gives a boost to the surveillance critics who have long asked Congress to impose a warrant requirement on “backdoor” searches of NSA data collected under Section 702 of the Foreign Intelligence Surveillance Act, known as FISA.

Donald Trump’s nominee to lead the FBI, Kash Patel, has called for “major reform” of Section 702. He faces a Thursday confirmation hearing where surveillance hawks on the Senate Intelligence Committee could grill him about that position. Trump’s other nominees, however, have lined up to back the law.

The parties to the New York City case have not signaled whether they intend to appeal the ruling in the case against Agron Hasbajrami, who remains imprisoned. But if it stands, the decision could play a role in thecongressional debate over the spying law when it expires in April 2026.

“This is a major constitutional ruling on one of the most abused provisions of FISA.”

“This is a major constitutional ruling on one of the most abused provisions of FISA,” Patrick Toomey, the deputy director of American Civil Liberties Union’s National Security Project,........

© The Intercept