IC Oversight & Authorities — 2026-04-28

FBI Warrantless Searches of Americans Communications Under Section 702 Rose 34 Percent in 2025

The FBI increased its warrantless queries of Americans' data under FISA Section 702 by 34 percent in 2025 to more than 7,000 searches, according to the latest ODNI Annual Statistical Transparency Report. Documented abuses of the authority cited in congressionally mandated transparency reports include warrantless searches for a US senator, journalists and political commentators, 6,800 Social Security numbers, 19,000 donors to a congressional campaign, and an FBI employee's family member suspected of an extramarital affair. Congressional authority for Section 702 expires April 30, and Senator Ron Wyden with bipartisan allies are pressing for warrant requirements that the intelligence community opposes.

Analysis
The 34 percent query increase, documented in the ODNI transparency report and surfaced by a single Time investigation, hands Wyden and bipartisan allies a cross-partisan evidentiary record they have not held at a prior reauthorization vote. Congress is likely to extend Section 702 within the next two weeks, before expiration or after a brief technical lapse, but on procedural constraints rather than warrant requirements. Historical resolution of FISA authorities under sustained IC opposition consistently favors continuity over structural reform. The increase may instead reflect improved FBI compliance with internal logging requirements rather than expanded surveillance, which would hollow out reformers' central evidentiary argument.

1 sources

FISA Reform Has Bipartisan Backing. Can Lawmakers Get It Done? - Time