In a declassified court opinion released on Friday, it was revealed that FBI analysts conducted improper searches on a U.S. senator and two state officials using a foreign intelligence database. These errors were a result of analysts failing to follow new policies implemented by the FBI for querying data under Section 702 of the Foreign Intelligence Surveillance Act (FISA). Section 702 allows U.S. intelligence agencies to conduct electronic surveillance and is set to expire at the end of this year. The opinion, written by Judge Rudolph Contreras of the Foreign Intelligence Surveillance Court, also showed that the FBI's rate of compliance with new standards for searching the database was over 98%.

A senior FBI official who briefed reporters on Friday stated that while a 98% compliance rate shows significant improvement, there are still errors. In response to the findings in the opinion, the FBI has implemented additional reforms. The individuals who were wrongly queried were not named in the opinion, and it is not common practice for the FBI to notify those who have been subjected to improper searches. However, the senator involved has been notified, while the state officials have not. The FBI official clarified that no information was collected on these individuals and the query was only run to retrieve already lawfully collected information.

The release of this opinion is part of the government's efforts to gain support from Congress for the reauthorization of Section 702. The ODNI also released an opinion in May, showing that FBI officials conducted improper searches of the database during investigations of the Capitol riots on January 6, 2021, and the aftermath of George Floyd's murder in June 2020. FBI Director Chris Wray faced criticism for past misuse during a hearing before the House Judiciary Committee last week. In a letter to congressional leaders, Wray acknowledged prior missteps and expressed the FBI's commitment to accountability and further reforms.

The release of Friday's opinion also provided new details about the National Security Agency's querying practices and the vetting process for individuals with connections to international terrorism. Rebecca “Becky” Richards, chief of the ODNI's civil liberties, privacy, and transparency office, emphasized the importance of transparency in ensuring people understand how these processes work. However, Patrick Toomey of the American Civil Liberties Union's national security project called the revelations “disturbing” and urged Congress to implement fundamental reforms.

The improper searches conducted by FBI officials raise concerns about the potential misuse of the Section 702 program. This program, established after the 9/11 attacks, allows the collection of communications from foreign targets, including messages involving Americans. The FBI must have a reason to believe that the search will gather foreign intelligence or evidence of a crime to access this database without a search warrant signed by a federal judge. The recent improper queries highlight the need for better training and accountability within the FBI to prevent further abuse of this essential tool for national security.

Despite the errors, the FISC court found that the FBI has been doing a better job of applying proper standards to the search query system, with a non-compliant rate as low as 1.8%. FBI Director Christopher Wray acknowledged the improvements and expressed the FBI's commitment to protecting national security while safeguarding civil rights and liberties. The FBI has also implemented new measures to enhance consequences for analysts who conduct improper searches and address instances of intentional misconduct.

The revelations about the FBI's improper searches come at a crucial time as lawmakers debate the reauthorization of Section 702. The concerns raised by these incidents highlight the need for fundamental reforms to protect Americans' civil liberties while ensuring national security.