The FBI conducted nearly half as many searches on Americans in a controversial foreign intelligence database in 2023 compared to the previous year, as reported by the U.S. intelligence community. The searches, which had been criticized in the past for being improper, were a point of contention during the reauthorization of Section 702 of the Foreign Intelligence Surveillance Act. The number of queries of U.S. persons decreased from 119,383 to 57,094, following changes made by the FBI to its systems, processes, and training. The Department of Justice is conducting regular audits to ensure the queries are appropriate.
Both Democratic and Republican lawmakers had raised concerns about the surveillance program infringing on Americans’ privacy and civil liberties, pointing to past misuse by the FBI. The Biden administration argued for the reauthorization of Section 702 as a crucial tool for national security. The bill was signed into law in April, extending Section 702 for another two years. The Annual Statistical Transparency Report, issued annually since Edward Snowden’s disclosures in 2013, provides insight into the intelligence community’s use of surveillance authorities, which can impact Americans.
The total number of targets under Section 702, classified as non-U.S. persons, increased from 246,073 to 268,590 in 2023, continuing a trend of growth year over year. Rebecca Richards, the chief of ODNI’s Office of Civil Liberties, Privacy, and Transparency, noted that the increase reflects the intelligence community’s efforts to address foreign intelligence requirements. The report also highlighted a significant rise in the number of U.S. persons unmasked by the NSA in response to government requests, increasing from 11,511 in 2022 to 31,330 in 2023. Unmasking refers to disclosing identities redacted in classified materials, which agencies can request.
The term “U.S. person” includes technical and machine identifiers, such as IP addresses associated with U.S. companies. The increase in unmasking requests in 2023 was linked to a specific intelligence report on a foreign cyber actor targeting American critical infrastructure. Officials did not provide further details on the actor or infrastructure involved. Recent warnings about Chinese, Russian, and Iranian hackers targeting American infrastructure underscore the ongoing threats faced by key sectors. The intelligence community’s efforts to balance national security needs with privacy concerns will continue to be scrutinized by lawmakers and the public.
