The FBI is a law enforcement agency. Cyber attacks are crimes. Terrorism is a crime. Spying is a crime. Where are the indictments and convictions that depend on FISA 702?
> The FBI is a law enforcement agency. Cyber attacks are crimes. Terrorism is a crime. Spying is a crime. Where are the indictments and convictions that depend on FISA 702?
The FBI is principally a national security and counterintelligence agency and secondarily a law enforcement agency.
702 is expressly for the counterintelligence and national security function, limited to foreign targets (non-US persons believed to be outside of the US), and if used properly will only incidentally and occasionally result in information related to persons practically able to be subjected to US law enforcement jurisdiction, whether or not they might in theory be committing US crimes.
Lots of indictments or other criminal process tied to 702 surveillance would actually be a sign of something unusual happening (of which “abuse of 702 for purposes at odds with its express terms” would be high on the list.)
The reason to have a counterintelligence agency (which is the role the FBI has in the intelligence community) also be a law enforcement agency is somewhat obvious; domestic law enforcement, at least in that domain, is essential to counterintelligence. (I suppose there is an argument that the counterintelligence agency shouldn't be a broad spectrum law enforcement agency, but I actually think the dangers of an isolated, insular, counterintelligence agency and the kind of culture it would naturally breed would be a bigger problem.
Careful, that logic cuts both ways-- you're inadvertently arguing that 702 isn't really doing much of anything. So there's no harm in continuing it, right?
It's about Intelligence, not Evidence. Intelligence (like anonymous tips) is what you use to find the Evidence, which is what you reference in the affidavit. Much Intelligence is speculative and/or bullshit and wastes everybody's time. Publishing Intelligence tips off associates of the adversary and betrays what you know and what your capabilities are, and possibly who you learned it from.
The FBI is principally a national security and counterintelligence agency and secondarily a law enforcement agency.
702 is expressly for the counterintelligence and national security function, limited to foreign targets (non-US persons believed to be outside of the US), and if used properly will only incidentally and occasionally result in information related to persons practically able to be subjected to US law enforcement jurisdiction, whether or not they might in theory be committing US crimes.
Lots of indictments or other criminal process tied to 702 surveillance would actually be a sign of something unusual happening (of which “abuse of 702 for purposes at odds with its express terms” would be high on the list.)