United States: In a recent address to the American Bar Association’s Standing Committee on Law and National Security, FBI Director Christopher Wray emphasized the critical role of Section 702 of the Foreign Intelligence Surveillance Act in combating threats from foreign adversaries. He argued against the implementation of a warrant requirement for the FBI to query its database of information collected under Section 702, stating that such a requirement would impede the Bureau’s ability to obtain and act upon threat intelligence.
Wray highlighted the importance of U.S.-persons queries, which are often conducted in the early stages of an investigation and can help the FBI connect the dots between potential threats and their targets. He cited an example from 2023 where the FBI was able to prevent a potential attack on U.S. critical infrastructure by conducting a U.S.-persons query, which provided important intelligence on the seriousness and urgency of the threat.
According to Wray, neither the Fourth Amendment nor the law require the FBI to obtain a warrant before conducting U.S.-persons queries under Section 702. He emphasized that the FBI has undertaken significant reforms to ensure compliance with the law when running Section 702 queries, with compliance rates well into the high 90% range.
Wray concluded by stating that lawyers are critical to helping the public understand the implications of limiting the American Intelligence Community’s access to key information about foreign adversaries. He stressed the importance of ensuring that the FBI can continue to effectively combat threats to national security.
