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After years of litigation, a federal court finally ruled that it is unconstitutional for the FBI to search for communications for American citizens who were collected under Article 702 of the Foreign Intelligence Monitoring Law (Fisa). in Unexual ruler last weekThe American Local Court judge decided that “BackDoor” searches violate the fourth amendment.
This particular decision stems from a case that involves Agron Hasbajrami, a permanent resident in the United States who was arrested in 2011 on charges of joining a terrorist organization in Pakistan. However, the government failed to reveal this part of its case on emails that it obtained without a judicial order through Article 702 of Fisa.
In 2020, the Court of Appeal ruled that these types of searches It may be unconstitutionalBut it is now official. Judge Dyrcy Hall found that the research that is not called by the FBI for American data is “unreasonable” under the fourth amendment:
Although people’s communications may be intercepted, by the way or unintentionally, it will be paradoxes to allow unjustified inspections of the same information that section 702 specifically designed to avoid assembly. To putting this practice, this practice will turn Article 702 to what the defendant specifically described – a law enforcement tool to operate “backward searches” that circumvent the fourth amendment.
Congress Article 702 of Fisa has been re -delegated Last year, its validity is scheduled to end again in 2026. EFFs ask the legislators to create “the requirements of a legislative order so that the intelligence community does not continue to blog on the constitutional protected rights of private communications.”