Court Rules FBI's Section 702 Searches Unconstitutional

A federal court has ruled that the FBI's warrantless searches under Section 702 of the Foreign Intelligence Surveillance Act (FISA) are unconstitutional, violating the Fourth Amendment rights of U.S. residents. This decision was made in the case of Agron Hasbajrami, who was arrested in 2011 on terrorism charges, with evidence against him partly obtained through warrantless digital searches. Judge LaShann DeArcy Hall's ruling highlights concerns over privacy and government overreach, emphasizing that such searches cannot bypass the warrant requirement simply due to prior data collection. Privacy advocates, including the ACLU and EFF, have long criticized Section 702 for allowing incidental collection of U.S. persons' communications during surveillance of foreign targets. Despite these concerns, Congress has repeatedly reauthorized Section 702, reflecting bipartisan support for its intelligence-gathering capabilities. The ruling has intensified calls for reform, but Hasbajrami remains imprisoned as the evidence was not suppressed on separate grounds.