The court stated that the FBI querying procedures did not require bureau personnel to document the basis for searching Americans. For example, a reasonable query would be done to obtain information regarding foreign intelligence information or evidence. Sara Carter Without such documentation and in view of reported instances of non-compliance with that standard, the procedures seemed unreasonable under FISAs definition ofminimization procedures and possibly the Fourth Amendment, the court stated. [...] The FISC also concluded that the FBIs querying and minimization procedures, as implemented, were inconsistent with Section 702 information and the Fourth Amendment, in light of certain identified compliance incidents involving queries of Section 702 information, according to the website On The Record release from the Intelligence Community. The ruling noted that the instances involved instances in which personnel either misapplied or misunderstood the query standard, such that the queries were not reasonably likely to return foreign intelligence information or evidence of a crime, according to the IC.
In other words, the FBI is
not tracking the justifications for searches of US persons
. If they aren't tracked, at all, they can't be audited for compliance or punished for non-compliance. And they also aren't applying the rules put in place to protect US citizens from unjustified surveillance.