After the terrorist attacks of 9/11, when it seemed only a matter of time that weapons of mass destruction would kill thousands more Americans, Congress moved to make it possible to spy on people through warrants issued by a secret court.

Officials repeatedly assured Congress and the American people that this system would not be exploited for improper purposes and that sufficient checks were in place to protect civil liberties.

Unfortunately, they were wrong.

Last week, the intelligence community disclosed a finding by the secret Foreign Intelligence Surveillance Court.

The court ruled that, in 2017 and 2018, the Federal Bureau of Investigation violated Americans Fourth Amendment rights against unreasonable searches by the government.

As The Wall Street Journal reported in a front-page story (FBIs Use of Database Violated Privacy Rights, Secret Court Ruled, Oct. 9), the FBI searched a database of raw intelligence for information on Americans raising concerns about oversight of a spy program that operates in near total secrecy.

The FBI in 2017 and 2018 searched thousands or tens of thousands of pieces of data, such as emails or telephone numbers. In one case, an FBI contractor ran a query of an intelligence database searching information on himself, other FBI personnel and his relatives.

In the opinion released last week, U.S. District Judge James Boesberg said the FBIs procedures were not consistent with the requirements of the Fourth Amendment. That seemed to be putting it mildly.

The program was supposed to be used principally by the National Security Agency, the Journal noted, to collect certain categories of foreign intelligence from international phone calls and emails about terrorism suspects, cyber threats and other security risks. This is a proper and vital use of the information.

Indeed, the Trump administration argued against modifying the program, maintaining it was effective in stopping terrorists. But after the judges ruling, it agreed to apply new procedures that will supposedly better protect the public.

We wonder: Where are the punishments for government officials and contractors who violated Americans constitutional rights? And when is Congress going to step in and make certain there is better oversight of the program?

Justice Department officials are currently investigating whether the secret court improperly provided warrants to the Obama administration to spy, in effect, on the 2016 campaign of Donald Trump. The great danger with secret courts, of course raised before they were first put in place is that government's spying powers could be improperly used against citizens, especially for political purposes.

Our constitutional republic cannot function unless the rights of citizens are recognized and enforced. Government must not use its immense intelligence powers for improper or political purposes, something that could very quickly turn America into a banana republic. The danger of surveillance of Americans is especially acute in our age of digital information, when virtually every step taken by a citizen with a cell phone or an email account could be tracked.

Congress and our free press must make sure that government powers are not abused and that constitutional rights are rigorously enforced.

Original post:

Editorial: FBI violates the Constitution - Opinion - The Providence Journal