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EFF - Electronic Frontier Foundation

BREAKING NEWS: BACKDOOR SEARCHES OF 702 DATA RULED AS UNCONSTITUTIONAL

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Hello,

This week the Second Circuit Court of Appeals ruled that backdoor searches of a U.S. person's communications collected under Section 702 required a warrant. This is huge. For over a decade EFF has argued that these warrantless searches are unconstitutional—and now a federal court agrees with us.
www.eff.org/deeplinks/2025/01/victory-federal-court-finally-rules-backdoor-searches-702-data-unconstitutional

We’ve got a long road ahead to preserving the privacy and security rights of technology users in the U.S. and abroad, but it’s important to celebrate the victories we achieve along the way!

But let's back up and do a quick recap: What is Section 702?

Part of the Foreign Intelligence Security Act (FISA), Section 702 allows the intelligence community to collect communications data from overseas in the name of “national security.” But in practice, if one side of the communications is happening on U.S. soil, that data can also be collected and retained in large databases searchable by federal law enforcement.  

In 2021 alone, the FBI conducted 3.4 million warrantless searches of U.S. persons’ data under Section 702. And yet, Congress has continued to reauthorize it. But now, we’re making real progress. 

WE'RE NOT DONE YET, AND YOU CAN HELP

This victory is a big step, but we're not finished. In light of this ruling, we're urging Congress to let Section 702 expire unless significant reforms are made. 

Let's keep up the momentum and ensure that technology users everywhere have the right to private communications. Here's how you can get involved:

- Contact your representatives with the EFF Action Center act.eff.org
- Connect with local Electronic Frontier Alliance groups efa.eff.org
- Follow EFF on your favorite social platform eff.org/social
- Join EFF as a member and stand with us eff.org/702victory

Thank you to every person who has stood with our engineers, lawyers, and activists. Together, we can continue to work towards a brighter digital future.

For your rights online,

Andrew Crocker
EFF Surveillance Litigation Director

P.S. EFF is a member-supported U.S. 501(c)(3) organization. We’re celebrating ELEVEN YEARS of top ratings from the nonprofit watchdog Charity Navigator! Your donation is tax-deductible as allowed by law.

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About EFF

The Electronic Frontier Foundation is the leading nonprofit defending online civil liberties. We promote digital innovation, defend free speech, fight illegal surveillance, and protect rights and freedoms for all as our use of technology grows. Find out more at [link removed]

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