The Trump administration has faced bipartisan pressure to release a Foreign Intelligence Surveillance Court opinion concerning the government’s use of Section 702 surveillance tools. Although officials have promised to declassify the ruling, it remains unpublished, even as lawmakers consider the program’s reauthorization and the court’s findings have raised questions about searches involving Americans.
Pressure to release the ruling
In April, Sens. Tom Cotton and Mark Warner, the Republican chairman and Democratic vice chairman of the Senate Intelligence Committee, called on the administration to publish the opinion within 15 days so it could inform the Senate’s deliberations. In July, lawmakers asked Attorney General Todd Blanche about the issue in writing. Asked whether he would commit to declassification by the 180-day deadline, Blanche said “yes.”
Warner “has made it clear that he supports transparency regarding Section 702,” communications director Rachel Cohen told WIRED. Cohen said there was “no response” from either former Director of National Intelligence Tulsi Gabbard or her interim acting director, Bill Pruitt. However, “Sen. Warner expects DNI Clayton to follow the bipartisan letter and declassify the opinion as required by law,” she said.
Cotton’s office did not respond to a request for comment. The White House, the Office of the Director of National Intelligence and the US Department of Justice also did not respond to WIRED’s questions on Friday about the delay.
Responsibility for declassification
As director of national intelligence, Mr. Clayton is legally responsible for declassifying the opinion, but he has not made such a commitment. Before July’s approval, he was asked whether he intended to ensure that his comments would be made public before Congress voted on reauthorization. In a written response, the government said it was “working diligently to swiftly declassify” the matter and provide a full opinion to lawmakers.
What is already known
Some of the court’s findings are already public. A Foreign Intelligence Surveillance Court opinion declassified last year describes a similar FBI tool called the “Participant Filter.” It allows agents to identify people who have been in contact with a surveillance target and read their messages.
In February 2025, the Justice Department’s National Security Division told a court that the tool was conducting searches that were not being counted. The FBI shut it down the following month, but later reactivated it after the restructured version was approved by the department.
This year’s ruling went further. The court found that a tool used by government agencies to narrow intercepted data to messages involving Americans constitutes a search for Americans and is subject to the same limitations, The New York Times reported in April, citing unclassified administration talking points sent to lawmakers.
In a written question to Blanche, Sen. Alex Padilla said the Justice Department was “appealing portions” of the ruling that “restrict the government’s use of certain filtering tools.”
Source: arstechnica.com
