FBI Searches of Americans in Controversial Database Drop Nearly Half in 2023

A recent report released by the U.S. intelligence community revealed a significant decrease in the number of searches conducted by the FBI in a controversial foreign intelligence database. According to the Annual Statistical Transparency Report issued by the Office of the Director of National Intelligence, the number of FBI queries of "U.S. persons" from December 2022 to November 2023 fell to 57,094 from 119,383 in the previous year, marking a nearly 50% decline.

The FBI's searches, some of which were previously deemed improper, were the subject of intense scrutiny and debate in Congress during the reauthorization discussions of a surveillance program known as Section 702 of the Foreign Intelligence Surveillance Act (FISA). Both Democratic and Republican lawmakers raised concerns about potential infringements on Americans' privacy and civil liberties, citing past misuse by the FBI.

Response from Government Officials

In response to the decline in searches, a senior Department of Justice official confirmed that the Justice Department was conducting regular audits of the FBI's queries. The official also highlighted that the reductions in searches followed changes made by the FBI to its systems, processes, and training related to U.S. person queries.

Despite objections from some lawmakers, the Biden administration advocated for the reauthorization of Section 702, emphasizing its importance as a tool for safeguarding U.S. national security. President Biden signed the reauthorization bill into law on April 20, extending Section 702 for another two years.

The report, issued annually since 2013, provides insights into the intelligence community's utilization of surveillance authorities, some of which can have implications for Americans. It also reveals a steady increase in the overall number of targets categorized as "non-U.S. persons" under Section 702, rising from 246,073 in 2022 to 268,590 in 2023.

In addition, the report highlights a significant surge in the number of U.S. persons "unmasked" by the NSA in response to specific requests by government agencies, jumping from 11,511 in 2022 to 31,330 in 2023. "Unmasking" refers to the disclosure of identities redacted in classified materials, and the increase in unmasking requests has raised privacy concerns among government agencies and officials.

Explanation of "U.S. Person"

Addressing the term "U.S. person," a senior intelligence official clarified that it encompasses various technical and machine identifiers, including IP addresses associated with U.S. companies. The official cited a notable increase in unmasking requests in relation to a single intelligence report on attempts by a foreign cyber actor to compromise American critical infrastructure, emphasizing that "U.S. person" extends beyond individual human beings and encompasses critical infrastructure information related to U.S. companies.

The report refrains from providing specific details about the foreign actor or the type of infrastructure involved but follows recent warnings from U.S. officials about targeted efforts by Chinese hackers, referred to as "Volt Typhoon," aimed at American infrastructure. Concerns regarding malicious actors from Russia and Iran posing risks to key sectors have also been highlighted by U.S. officials in recent months.

Overall, the report sheds light on the evolving landscape of surveillance practices and their impact on privacy and national security, reflecting the ongoing tensions between the need for intelligence gathering and the protection of civil liberties.