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 NEWS & UPDATES

The FBI's Concerning Move on Surveillance Accountability

5/25/2025

 
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​The FBI’s recent shuttering of its Office of Internal Auditing – a unit formed to oversee compliance with surveillance protocols under Section 702 of the Foreign Intelligence Surveillance Act – should raise alarms in Congress. This office was created in 2020 in response to significant and well-documented abuses of surveillance authority, including improper queries of Americans’ data without warrants. Now, amidst broader structural reorganization, its dissolution risks dismantling a key internal check just as the program it was meant to monitor is up for reauthorization.
 
It might just be a bureaucratic reshuffling. Yet the unit’s functions are being absorbed into the inspection division – a body also tasked with policing agent misconduct and shootings – without clear evidence that the rigorous, daily compliance activities once prioritized will be maintained. Let us hope this move leads to continued oversight, and not a gutting of oversight.
 
Congress should take this as a wake-up call. Internal guardrails inside the intelligence agencies, no matter how earnestly established, are an inherently unreliable substitute for oversight. Agencies like the FBI require external accountability to ensure their immense powers are not misused. The very creation of the auditing office was a tacit admission that prior oversight had failed. That failure was documented in audits revealing widespread misuse of Section 702 queries against Americans, including members of Congress and political protestors.
 
As we wrote in a different context, the Department of Justice recently demonstrated how easily internal policy can be sidestepped. In 2023, the FBI raided the home of journalist Tim Burke, seizing his devices and potentially sensitive journalistic material. This raid occurred despite the DOJ’s then-year-old News Media Policy, which forbade such seizures unless under extreme and clearly justified circumstances.
 
Congress must recognize that internal oversight mechanisms are not enough. What’s needed now is sustained, bipartisan legislative oversight that ensures intelligence agencies operate within the bounds set by law. When compliance offices can be erased with the stroke of a pen and transparency rules are brushed aside without consequence, the only reliable safeguard is direct accountability to the public through its elected representatives.
 
The shuttering of the auditing office, like the mishandling of DOJ media guidelines, highlights an urgent need for reform – not just more promises of internal reform, but structural changes that restore public trust and protect individual rights.

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