More Than 1 Million Secret FBI Searches Made in Error: Watchdog

Over 1 Million Secret Searches of Americans Conducted by FBI Made Erroneously

The FBI conducted more than 1 million secret searches of Americans erroneously, according to Department of Justice Inspector General Michael Horowitz’s testimony to Congress on April 27. About 30% of the approximately 3.4 million searches were done in error, which is a high error rate that is concerning. The searches were conducted by FBI personnel with authority under the Foreign Intelligence Surveillance Act (FISA), which allows U.S. authorities to gather information on U.S. citizens suspected of being involved with possible spies or terrorists.

Increased Searches in 2021

U.S. intelligence officials reported that the FBI conducted 3.39 million searches in 2021, which is up from just 1.2 million in 2020. However, an FBI spokesperson disputed that searches were done in error, pointing to a previous report from the Office of the Director of National Intelligence.

• The queries were not in error
• They were compliant with the query standard
• They were designed to identify victims of this potential compromise

Sharon Bradford Franklin, chair of the U.S. Privacy and Civil Liberties Oversight Board, suggested that Congress should pass new legislation imposing greater safeguards into the system to protect Americans. That should include requiring probable cause or court review for each query of an American. Horowitz agreed that Congress has the authority to do that, but adding new requirements could increase the FBI’s workload.

Rep. Jim Jordan’s Solution

Rep. Jim Jordan (R-Ohio) indicated support for adding new requirements, stating that the solution is simple. It’s time for Congress to take action and protect the privacy and civil liberties of Americans.