One of the most controversial methods of observing no government warrant, in fact, requires a warrant, according to a new federal court decision.

the decisionissued on Tuesday night in the East District of New York Judge Lashann Dearcy Hall, arrived in Agron Hasbajrami case, a US resident arrested in 2011 and initially appealed to the test material to a terrorist organization. Hasbajrami appealed to his case after the federal agents acquired some evidence against him by a no-warrant search of databases with intercepting communications under Foreign Intelligence Surveillance Act (FISA).

Fisa allows federal speech agencies to operate backdoors to Internet companies and providers of electronic communication, such as Google, meta, and Apple, have collected many communications. The act should be reduced to collect communications involving the US citizens and residents, but it has different loans. Section 702 of the Law specifically authorizes the government to collect communications achieved with some secret criteria that no one can cause faith that people speak are not US citizens or residents. Once collected, those communications can be kept in databases and finds later on, admitted by the federal government, requiring warrant.

Hasbajrami argued, and Judge Dearcy Hall agreed, that which after the fact that the fact search requires a warrant if the target of finding a US resident.

“Holding another way can effectively allow the law enforcement and a repository of communications under Section 702 – including the people of the US – who will later seek if necessary.” Dearcy Hall wrote.

Hasbajrami’s case stripped the federal court system over a decade. In 2018, a Panel of the Second Circuit Court of Appeals decided that no government collecting warrant communications with a US person through Fisa is not a violation of the fourth amendment result of the government surveying a non-US person. But the court says it does not have enough evidence to decide whether the government has to obtain a warrant before it is looking for information databases collected under the fisa section 702 for communications involving a Specific person in the US, in this case, Hasbajrami.

The Court of Appeal returns the case to Judge Dearcy Hall, which examines specific questions and finds that the government has failed to testify that it does not require and obtain a warrant to give them permission.

The civil liberties praised the judge a victory and called on Congress to reform the fisa to clearly clearly finding collected communications needed a warrant.

“We expect any legislative worthy of that title to listen to what the federal court says and make a necessary legislative warrant so that the intelligence community does not proceed with the constitutional rights Private communications, ” WRITES Andrew Crocker and Matthew Guariglia, in Electronic Frontier Foundation.

Despite the favorable judgment of the warrant’s requirements, Judge Dearcy Hall’s decision did not give Hasbajrami request to prevent the federal agents against him by finding the databases of section 702. He found that Agents act in “good faith” under what, until his rule, the dominant law in charge of such searches.