Court Drops the Gavel: Warrant Now Required for FBI’s ‘Finders Keepers’ Data Searches
A federal court ruled that backdoor searches of databases with Americans’ private communications under Section 702 require a warrant. This landmark decision calls out the government’s “finders keepers” approach to your data. Congress should heed this ruling and mandate warrant requirements to stop constitutional trampling. Better late than never, right?
Hot Take:
Well, it seems like the government finally realized that playing hide and seek with our emails isn’t a constitutional right! All it took was a decade of legal tug-of-war and the realization that ‘finders keepers’ isn’t a legal policy. Better late than never, right?
Key Points:
- A federal district court ruled that backdoor searches of databases under Section 702 require a warrant.
- Section 702 has been reauthorized despite evidence of misuse by the FBI and intelligence community.
- The Foreign Intelligence Surveillance Court previously dismissed Fourth Amendment violation claims.
- Hasbajrami’s case involved warrantless searches of emails, highlighting the need for legal safeguards.
- Congress is urged to reform Section 702, requiring warrants for querying US persons’ data.
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