The number of “probable cause” court orders under the Foreign Intelligence Surveillance Act declined from 430 in 2021 to 337 last year, according to the Office of the Director of National Intelligence’s Annual Statistical Transparency Report.
The report, which was released Friday, also showed a decline in the percentage of probable cause targets who are estimated to be U.S. persons.
The Annual Statistical Transparency Report Regarding the Intelligence Community’s Use of National Security Surveillance Authorities discloses how the intelligence community uses FISA in alignment with the Principles of Intelligence Transparency.
ODNI noted lower cases of probable cause-based electronic surveillance and physical searches, targeting of U.S. persons abroad and pen register and trap and trace court orders and targets in 2022.
From December 2021 to November 2022, FBI reported 16 U.S. person queries for the purpose of retrieving criminal evidence. The agency arrived at the number using new methodology that eliminates duplicate inquiries and aligns closer to other IC elements.
