FBI shuts FISA watchdog as Section 702 surveillance expands

FBI Director Kash Patel closed the Office of Internal Auditing in May 2025, eliminating the internal watchdog established in 2020 to monitor FISA surveillance abuses.

The auditing unit's responsibilities were folded into the Inspection Division, which typically investigates agent misconduct and shootings. Cindy Hall, who led the auditing office, was forced out.

Section 702 of FISA allows NSA to collect communications deemed foreign intelligence information but in practice sweeps in millions of Americans' calls, emails, and internet activity without individual warrants.

At his January 2025 confirmation hearing, Patel called Section 702 a critical tool and opposed adding a warrant requirement, arguing it would slow FBI's ability to identify foreign threat links.

The FBI's warrantless searches of Americans dropped from 119,383 in 2022 to 5,518 in 2024, according to the Office of the Director of National Intelligence.

President Trump fired the Democratic members of the Privacy and Civil Liberties Oversight Board in January 2025. The board now has one part-time member and cannot investigate anything.

Section 702 is set to expire in April 2026 unless Congress acts to reauthorize it.

A new ODNI report shows the government obtained a new certification for counternarcotics in April 2025, expanding Section 702's authorized uses.