Top FBI Official Urges Agents to Use Warrantless Wiretaps on US Soil

A top FBI official is encouraging employees to continue to investigate Americans using a warrantless foreign surveillance program in an effort to justify the bureau’s spy powers, according to an internal email obtained by WIRED.

Known as Section 702, the program is controversial for having been misused by the FBI to target US protesters, journalists, and even a sitting member of Congress. US lawmakers, nevertheless, voted to extend the program in April for an additional two years, while codifying a slew of procedures that the FBI claims is working to stop the abuse.

Obtained by WIRED, an April 20 email authored by FBI deputy director Paul Abbate to employees states: “To continue to demonstrate why tools like this are essential to our mission, we need to use them, while also holding ourselves accountable for doing so properly and in compliance with legal requirements.” [Emphasis his.]

Added Abbate: “I urge everyone to continue to look for ways to appropriately use US person queries to advance the mission, with the added confidence that this new pre-approval requirement will help ensure that those queries are fully compliant with the law.”

“The deputy director's email seems to show that the FBI is actively pushing for more surveillance of Americans, not out of necessity but as a default,” says US representative Zoe Lofgren, a Democrat from California. “This directly contradicts earlier assertions from the FBI during the debate over Section 702’s reauthorization.”

Following publication, FBI spokesperson Susan McKee provided a statement from the bureau that mischaracterized WIRED's reporting, inaccurately claiming it “alleged that that the FBI instructed its employees to violate the law or FBI policies.” The statement added that Abbate's email “emphasized Congress’ recognition of the vital importance of FISA Section 702 to protect the American people and was sent to ensure that FBI personnel were immediately aware of, and in compliance with, the privacy enhancing changes the law has put in place.”

Authorized under the Foreign Intelligence Surveillance Act (FISA), the 702 program permits the government to enlist American companies to eavesdrop on a variety of