Saudi Press

Saudi Arabia and the world
Wednesday, Dec 24, 2025

Secret Court: FBI Warrantless Searches Were Illegal

Secret Court: FBI Warrantless Searches Were Illegal

A year ago, the U.S.’ surveillance court ruled that the FBI violated Americans’ privacy by broadly sifting through dragnets of intercepted communications.

Some of the Federal Bureau of Investigation’s warrantless searches through the National Security Agency’s enormous troves of communications data violated the law and the Constitution, according to secret surveillance court rulings partially declassified on Tuesday.

The bureau’s so-called backdoor searches, long regarded by civil libertarians as a government end-run around warrant requirements, were overly broad, the court found. They appear to have affected what a judge on the court called “a large number of individuals, including U.S. persons.” On one day in December 2017 alone, the court found, the FBI conducted 6,800 queries of the NSA databases using Social Security numbers. The government, in secret, conceded that there were “fundamental misunderstandings” among some FBI personnel over the standards necessary for the searches.


The redacted ruling was kept secret for a year. It represented the latest legal battle over the scope of post-9/11 mass surveillance that affects American freedoms in the name of counterterrorism. It was one of several secret court documents released Tuesday by the ODNI.

Judge James Boasberg of the Foreign Intelligence Surveillance Act (FISA) Court found last October that elements of FBI procedures for querying the databases and then purging irrelevant results–a mechanism to protect Americans’ privacy–“inconsistent with statutory minimization requirements and the requirements of the Fourth Amendment,” which protects Americans against unreasonable searches.

As early as March 2018, the FISA Court identified to the government that the FBI was not sufficiently documenting which of its queries were tied to people inside the United States, despite a statutory obligation to do so. Nor were the searches “reasonably designed” to find evidence of crimes or foreign spying.

“Without such documentation and in view of reported instances of non-compliance with that standard, the procedures seemed unreasonable under FISA's definition of minimization procedures’ and possibly the Fourth Amendment,” Boasberg wrote.

Boasberg’s ruling represented a rare defeat for the government before the FISA Court, and the government appealed it to the FISA Court of Review, another rarity. The appeals court sided with the lower court in July, and the FBI agreed to change its querying, documentation, and related procedures.

The subsequent changes now require the FBI to explain why searching Americans’ data is necessary to find foreign-spying information or potential evidence of criminal activity, as well as to distinguish between its searches involving Americans and its searches involving foreigners. Civil libertarians questioned the ability of those changes to adequately protect American privacy.

“The FBI’s conduct clearly shows that giving the government warrantless access to Americans’ communications will lead to fishing expeditions and abuse,” said Jake Laperruque, senior counsel with the Project on Government Oversight’s Constitution Project.

“But the new FISA Court rules don’t do enough to prevent more misconduct. The only way to do that is for Congress to pass a law closing the backdoor search loophole.”

The decision highlights the persistent controversy under what is known as Section 702 of the Foreign Intelligence Surveillance Act, a constitutionally questionable law created to legalize the NSA’s post-9/11 warrantless dragnets for ostensibly foreign communications. Those surveillance dragnets inevitably–“incidentally,” in NSA’s preferred terminology–collect massive amounts of Americans’ communications and associated records. The law currently provides the basis for massive amounts of NSA collections harvested from major tech firms, a program known as PRISM, and in transit across the internet, known as upstream collection.

NSA in March 2017 stopped collecting Americans’ electronic communications that merely discuss foreign surveillance targets, known as “about” collection, after violating restrictions placed on the collection by the FISA Court. Yet the FISA Court ruling indicates that the government attempted arguing that “about” collection was acceptable under PRISM, if not upstream collection. Boasberg rejected the argument.

In addition, the NSA, FBI, and CIA can warrantlessly search the vast Section 702 databases for information on Americans, something known as a backdoor search, something they have reported doing at least tens of thousands of times annually. Yet until a recent change, the FBI did not even record how many times it searched through the NSA databases for Americans’ information.

The bureau’s insufficient compliance with the new standards for documenting, tailoring, and then appropriately purging its sources is the issue at stake in Tuesday’s declassifications. FBI representatives did not immediately respond to a request for comment.

Ever since Edward Snowden’s 2013 surveillance revelations, the security agencies and their congressional allies have fought to protect Section 702, even as they acquiesced to restrictions around the warrantless bulk collection of domestic phone records. Those restrictions, the USA FREEDOM Act, failed; the NSA deleted a trove of over half a billion domestic phone records. Yet the FREEDOM Act required the FISA Court, which had previously only ever heard from government lawyers, to appoint outside attorneys who could push back on government arguments. The rulings indicated the so-called “amici” were a significant factor behind new restrictions on the FBI backdoor searches.

Newsletter

Related Articles

Saudi Press
0:00
0:00
Close
Saudi Arabia’s 2025: A Pivotal Year of Global Engagement and Domestic Transformation
Saudi Arabia to Introduce Sugar-Content Based Tax on Sweetened Drinks from January 2026
Saudi Hotels Prepare for New Hospitality Roles as Alcohol Curbs Ease
Global Airports Forum Highlights Saudi Arabia’s Emergence as a Leading Aviation Powerhouse
Saudi Arabia Weighs Strategic Choice on Iran Amid Regional Turbulence
Not Only F-35s: Saudi Arabia to Gain Access to the World’s Most Sensitive Technology
Saudi Arabia Condemns Sydney Bondi Beach Shooting and Expresses Solidarity with Australia
Washington Watches Beijing–Riyadh Rapprochement as Strategic Balance Shifts
Saudi Arabia Urges Stronger Partnerships and Efficient Aid Delivery at OCHA Donor Support Meeting in Geneva
Saudi Arabia’s Vision 2030 Drives Measurable Lift in Global Reputation and Influence
Alcohol Policies Vary Widely Across Muslim-Majority Countries, With Many Permitting Consumption Under Specific Rules
Saudi Arabia Clarifies No Formal Ban on Photography at Holy Mosques for Hajj 2026
Libya and Saudi Arabia Sign Strategic MoU to Boost Telecommunications Cooperation
Elon Musk’s xAI Announces Landmark 500-Megawatt AI Data Center in Saudi Arabia
Israel Moves to Safeguard Regional Stability as F-35 Sales Debate Intensifies
Cardi B to Make Historic Saudi Arabia Debut at Soundstorm 2025 Festival
U.S. Democratic Lawmakers Raise National Security and Influence Concerns Over Paramount’s Hostile Bid for Warner Bros. Discovery
Hackers Are Hiding Malware in Open-Source Tools and IDE Extensions
Traveling to USA? Homeland Security moving toward requiring foreign travelers to share social media history
Wall Street Analysts Clash With Riyadh Over Saudi Arabia’s Deficit Outlook
Trump and Saudi Crown Prince Cement $1 Trillion-Plus Deals in High-Profile White House Summit
Saudi Arabia Opens Alcohol Sales to Wealthy Non-Muslim Residents Under New Access Rules
U.S.–Saudi Rethink Deepens — Washington Moves Ahead Without Linking Riyadh to Israel Normalisation
Saudi Arabia and Israel Deprioritise Diplomacy: Normalisation No Longer a Middle-East Priority
Saudi Arabia Positions Itself as the Backbone of the Global AI Era
As Trump Deepens Ties with Saudi Arabia, Push for Israel Normalization Takes a Back Seat
Thai Food Village Debuts at Saudi Feast Food Festival 2025 Under Thai Commerce Minister Suphajee’s Lead
Saudi Arabia Sharpens Its Strategic Vision as Economic Transformation Enters New Phase
Saudi Arabia Projects $44 Billion Budget Shortfall in 2026 as Economy Rebalances
OPEC+ Unveils New Capacity-Based System to Anchor Future Oil Output Levels
Will Saudi Arabia End Up Bankrolling Israel’s Post-Ceasefire Order in Lebanon?
Saudi Arabia’s SAMAI Initiative Surpasses One-Million-Citizen Milestone in National AI Upskilling Drive
Saudi Arabia’s Specialty Coffee Market Set to Surge as Demand Soars and New Exhibition Drops in December
Saudi Arabia Moves to Open Two New Alcohol Stores for Foreigners Under Vision 2030 Reform
Saudi Arabia’s AI Ambitions Gain Momentum — but Water, Talent and Infrastructure Pose Major Hurdles
Tensions Surface in Trump-MBS Talks as Saudi Pushes Back on Israel Normalisation
Saudi Arabia Signals Major Maritime Crack-Down on Houthi Routes in Red Sea
Italy and Saudi Arabia Seal Over 20 Strategic Deals at Business Forum in Riyadh
COP30 Ends Without Fossil Fuel Phase-Out as US, Saudi Arabia and Russia Align in Obstruction Role
Saudi-Portuguese Economic Horizons Expand Through Strategic Business Council
DHL Commits $150 Million for Landmark Logistics Hub in Saudi Arabia
Saudi Aramco Weighs Disposals Amid $10 Billion-Plus Asset Sales Discussion
Trump Hosts Saudi Crown Prince for Major Defence and Investment Agreements
Families Accuse OpenAI of Enabling ‘AI-Driven Delusions’ After Multiple Suicides
Riyadh Metro Records Over One Hundred Million Journeys as Saudi Capital Accelerates Transit Era
Trump’s Grand Saudi Welcome Highlights U.S.–Riyadh Pivot as Israel Watches Warily
U.S. Set to Sell F-35 Jets to Saudi Arabia in Major Strategic Shift
Saudi Arabia Doubles Down on U.S. Partnership in Strategic Move
Saudi Arabia Charts Tech and Nuclear Leap Under Crown Prince’s U.S. Visit
Trump Elevates Saudi Arabia to Major Non-NATO Ally Amid Defense Deal
×