Foreign Intelligence Exception Loophole in the Hasbajrami Decision

Foreign Intelligence Exception Loophole in the Hasbajrami Decision

In December, a federal court in Brooklyn became the first to hold that searches of information acquired under Section 702 of the Foreign Intelligence Surveillance Act (FISA) for U.S. persons’ communications are subject to the Fourth Amendment’s warrant requirement. The ruling, which was declassified in January, was a win for privacy advocates who have long argued as much. But the decision also previews a Fourth Amendment hurdle that awaits beyon…