The judge on the case said the FBI reported to the court that its internal oversight and compliance audits in 2020 identified several issues, mainly in 2019. Among other things, there have been cases where the FBI system had a preview window who automatically showed analysts portions of the results of surveillance camp inquiries without guarantee, including some searches of criminal investigations into healthcare fraud, violent gangs, public corruption and bribery.
Since a change in law in 2018, the FBI is supposed to seek a court order before viewing such material about an American for an ordinary criminal investigation, but it had not requested such an order by the end of 2020.
A senior FBI official said most of the problematic incidents were due to the issue with the preview window, and none had been identified as willful or malicious violation of the rules. The FBI has since changed its systems to remove the display window and added training – steps that led the FISA judge to say the program could continue.
The newly released report also sheds new light on the FBI’s use of its powers to obtain business records in national security investigations under a law known as Section 215 of the Patriot Act. Congress let this bill expire on March 15, 2020 amid the chaotic news from then-President Donald J. Trump as he stoked complaints about the Russia investigation, and lawmakers did not re-approve it.
However, there is a catch that could ease some of the pressure on the continued loss of this authority. Due to the way the law was written, the FBI may still receive Section 215 orders for investigations opened before March 15, 2020, or for new investigations into activities that took place prior to that date.
It was not clear to what extent the office had used this remaining authority. The new report states that 28 such orders were received for 25 destinations throughout 2020, up from 61 orders for 53 destinations in 2019.
Speaking to reporters, a senior Justice Department official said that around 20 of these 28 orders were received after March 15, 2020, with the remaining authority being used to address pre-existing matters.