Introduction to the Issue

The Federal Bureau of Investigation (FBI) has a long history of conducting mass surveillance, a practice that has raised concerns among civil liberties advocates. In an effort to curb the abuse of surveillance laws, former Attorney General William Barr established the Office of Internal Auditing in 2020. However, in a surprising move, the current FBI Director Kash Patel, a long-time critic of the FBI’s surveillance practices, has shut down the office without providing any explanation.

Background on the Office of Internal Auditing

The Office of Internal Auditing was created in response to the controversy surrounding the FBI’s use of Section 702 of the Foreign Intelligence Surveillance Act (FISA). This law, enacted in 2008, primarily addresses the surveillance of non-Americans abroad, but it has been criticized for allowing the FBI to "incidentally" collect and search the communications of Americans without a warrant. Jeramie Scott, senior counselor at the Electronic Privacy Information Center, notes that the FBI has "repeatedly abused its ability to search Americans’ communications ‘incidentally’ collected under Section 702" to conduct warrantless spying.

Patel’s Decision to Close the Office

Patel’s decision to close the Office of Internal Auditing has raised concerns among civil liberties advocates, particularly given his past criticism of the FBI’s surveillance practices. Elizabeth Goitein, senior director at the Brennan Center for Justice, finds it "hard to square this move with Mr. Patel’s own stated concerns about the FBI’s use of Section 702." Last year, Congress reauthorized Section 702 despite mounting concerns over its misuses, and Patel had slammed the law’s passage, stating that the former FBI director Christopher Wray had "illegally used 702 collection methods against Americans 274,000 times."

Impact of the Office’s Closure

The closure of the Office of Internal Auditing has significant implications for the oversight of the FBI’s surveillance practices. Goitein notes that the office "played a key role in exposing FBI abuses of Section 702, including warrantless searches for the communication of members of Congress, judges, and protesters." The office’s work has been crucial in holding the FBI accountable for its surveillance practices, and its closure raises concerns that these abuses may go unreported and unchecked.

Patel’s Changing Stance on FISA

Patel’s decision to close the Office of Internal Auditing is particularly surprising given his past criticism of the FBI’s surveillance practices. During his confirmation hearing, Patel referred to Section 702 as a "critical tool" and expressed pride in the reforms that had been implemented. However, as Goitein notes, "reforms don’t mean much by themselves. Without a separate office dedicated to surveillance compliance, [the FBI’s] abuses could go unreported and unchecked."

Conclusion

The closure of the Office of Internal Auditing is a concerning development that raises questions about the FBI’s commitment to transparency and accountability. While an annual transparency report from the Office of the Director of National Intelligence shows that the FBI’s searches for Americans’ information have fallen, this does not necessarily mean that the office’s work is done. As Scott notes, "The FBI should maintain its audits, and if they do, the FBI must make very clear who is responsible for continuing the internal audits and ensure the oversight gets done." The closure of the Office of Internal Auditing highlights the need for continued oversight and transparency in the FBI’s surveillance practices.