Director of National Intelligence Tulsi Gabbard is reportedly pushing to declassify a secret court ruling expected to detail compliance failures tied to the government’s use of Section 702 surveillance authorities.
By yourNEWS Media Newsroom
Director of National Intelligence Tulsi Gabbard is reportedly seeking the declassification of a confidential Foreign Intelligence Surveillance Court opinion that could expose significant compliance problems involving federal use of Section 702 surveillance powers.
According to a Just the News report, the effort comes as Congress debates renewing Section 702 of the Foreign Intelligence Surveillance Act, the authority allowing U.S. intelligence agencies to collect communications involving foreign targets located outside the United States.
The surveillance authority has remained controversial for years because critics argue the system also captures large quantities of communications involving American citizens without obtaining traditional warrants.
At issue are so-called “backdoor searches,” in which intelligence analysts search databases containing communications that were incidentally collected during foreign surveillance operations.
The still-classified court opinion reportedly examines how federal agencies handled queries involving Section 702 databases and whether safeguards designed to prevent improper searches were bypassed or ignored.
A senior intelligence official told the outlet the ruling is expected to document concerns regarding internal compliance practices and oversight failures connected to those database searches.
The controversy reportedly stems in part from a Justice Department discovery in 2024 involving FBI use of a filtering mechanism that allegedly allowed personnel to search Section 702 data without fully complying with oversight procedures mandated under the Reforming Intelligence and Securing America Act.
Investigators reportedly determined the system lacked sufficient approval, tracking, and auditing controls required under federal law.
Although officials stated the specific search tool was eventually shut down, the classified court opinion reportedly suggests that comparable mechanisms may still exist elsewhere within the U.S. intelligence community, including inside the National Security Agency and the Central Intelligence Agency.
Civil liberties groups and constitutional scholars have repeatedly warned that Section 702 surveillance creates a pathway for warrantless access to Americans’ private communications, arguing the practice undermines Fourth Amendment protections against unreasonable searches and seizures.
Supporters of the program, however, maintain Section 702 remains a critical national security tool for monitoring foreign threats, terrorism, espionage, and cyber activity originating overseas.
The debate over renewal of the surveillance authority has intensified as lawmakers weigh possible reforms intended to tighten oversight and limit access to Americans’ communications gathered incidentally through foreign intelligence operations.
Gabbard’s reported push for transparency comes shortly after she announced Friday that she plans to step down from her position effective June 30.