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Rethinking National Security Letters

By TChris, Section Legislation
Posted on Tue Mar 20, 2007 at 01:26:00 PM EST
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Bumped -BTD

Who watches the FBI as the FBI watches you? Nobody, as it turns out. Certainly not the Alberto Gonzales Justice Department, where oversight has been out of sight.

As TalkLeft reported earlier this month, the FBI repeatedly used its Patriot Act authority to issue "national security letters" demanding financial, telephone, and internet records (among others), without the bother of a judicially approved warrant, in violation of the agency's own rules. The chief inspector at the Justice Department acknowledged today, in testimony before the House Judiciary Committee, that the FBI's failure to set limits on the agency's information gathering authority was "unacceptable and inexcusable."

Democrats said that Fine's findings were an example of how the Justice Department has used broad counterterrorism authorities Congress granted in the wake of the Sept. 11 attacks to trample on privacy rights. "This was a serious breach of trust," said Rep. John Conyers, D-Mich., the Judiciary chairman. "The department had converted this tool into a handy shortcut to illegally gather vast amounts of private information while at the same time significantly underreporting its activities to Congress."

The FBI's thirst for private information has been unquenchable.

In 2000, the FBI issued an estimated 8,500 requests. That number peaked in 2004 with 56,000. Overall, the FBI reported issuing 143,074 requests in national security letters between 2003 and 2005. In 2005, 53 percent were for records of U.S. citizens or permanent residents.

Republican members of Congress argue that the FBI needs to have broad intelligence gathering authority, insulated from the checks and balances that the Warrant Clause provides. The FBI just needs to learn to obey the law, they say. We've seen what happens when the Executive Branch is given unchecked power. Finger-wagging demands that the FBI start complying with the law will not bring about reform. The power to issue "national security letters" should be rescinded, and the FBI should obtain private documents the old-fashioned way: by persuading a judge that probable cause exists to justify issuance of a warrant.

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    Rethinking National Security Letters | 3 comments (3 topical)

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    Fer sure! (5.00 / 1) (#1)
    by baba durag on Tue Mar 20, 2007 at 01:47:49 PM EST
    The power to issue "national security letters" should be rescinded, and the FBI should obtain private documents the old-fashioned way: by persuading a judge that probable cause exists to justify issuance of a warrant.

    Amen.

    re national security letters (none / 0) (#2)
    by zaitztheunconvicted on Tue Mar 20, 2007 at 07:59:29 PM EST
    So, how does an individual find out of the FBI has been seeking National security letters on himself?

    National Security Letters (none / 0) (#3)
    by womanwarrior on Tue Mar 20, 2007 at 08:10:25 PM EST
    So do we have any info whether these were only used in "terrorism" cases, or in other cases like internet crimes?  Thanks if anyone can fill me in.  

    Rethinking National Security Letters | 3 comments (3 topical)

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