NationStates Jolt Archive


FBI admits more privacy violations

The Cat-Tribe
08-03-2008, 00:42
More FBI Privacy Violations Confirmed (http://news.lp.findlaw.com/ap/a/w/1152//03-06-2008/20080306012002_21.html)
By LARA JAKES JORDAN Associated Press Writer

WASHINGTON (AP) - The FBI acknowledged it improperly accessed Americans' telephone records, credit reports and Internet traffic in 2006, the fourth straight year of privacy abuses resulting from investigations aimed at tracking terrorists and spies.

The breach occurred before the FBI enacted broad new reforms in March 2007 to prevent future lapses, FBI Director Robert Mueller said Wednesday. And it was caused, in part, by banks, telecommunication companies and other private businesses giving the FBI more personal client data than was requested.

Testifying at a Senate Judiciary Committee hearing, Mueller raised the issue of the FBI's controversial use of so-called national security letters in reference to an upcoming report on the topic by the Justice Department's inspector general.

An audit by the inspector general last year found the FBI demanded personal records without official authorization or otherwise collected more data than allowed in dozens of cases between 2003 and 2005. Additionally, last year's audit found that the FBI had underreported to Congress how many national security letters were requested by more than 4,600.

The new audit, which examines use of national security letters issued in 2006, "will identify issues similar to those in the report issued last March," Mueller told senators. The privacy abuse "predates the reforms we now have in place," he said.

"We are committed to ensuring that we not only get this right, but maintain the vital trust of the American people," Mueller said. He offered no additional details about the upcoming audit.

National security letters, as outlined in the USA Patriot Act, are administrative subpoenas used in suspected terrorism and espionage cases. They allow the FBI to require telephone companies, Internet service providers, banks, credit bureaus and other businesses to produce highly personal records about their customers or subscribers without a judge's approval.

Last year's audit by Justice Department Inspector General Glenn A. Fine, issued March 9, 2007, blamed agent error and shoddy record-keeping for the bulk of the problems and did not find any indication of criminal misconduct. Fine's latest report is expected to be released as early as next week.

Several Justice Department and FBI officials familiar with the upcoming 2006 findings have said privately the new audit will show national security letters were used incorrectly at a similar rate as during the previous three years.

The number of national security letters issued by the FBI skyrocketed in the years after the Patriot Act became law in 2001, according to last year's report. Fine's annual review is required by Congress, over the objections of the Bush administration.

In 2005, for example, Fine's office found more than 1,000 violations within 19,000 FBI requests to obtain 47,000 records. Each letter issued may contain several requests.

In contrast to the strong concerns expressed by Congress and civil liberties groups after last year's inspector general's report was issued, Mueller's disclosure drew no criticism from senators during just over two hours of testimony Wednesday.

Speaking before the FBI chief, Senate Judiciary Chairman Patrick Leahy, D-Vt., urged Mueller to be more vigilant in correcting what he called "widespread illegal and improper use of national security letters."

"Everybody wants to stop terrorists. But we also, though, as Americans, we believe in our privacy rights and we want those protected," Leahy said. "There has to be a better chain of command for this. You cannot just have an FBI agent who decides he'd like to obtain Americans' records, bank records or anything else and do it just because they want to."

Following last year's audit, the Justice Department enacted guidelines that sternly reminded FBI agents to carefully follow the rules governing national security letters. The new rules caution agents to review all data before it is transferred into FBI databases to make sure that only the information specifically requested is used.

Fine's upcoming report also credits the FBI with putting the additional checks in place to make sure privacy rights aren't violated, according to a Justice official familiar with its findings.

Critics seized on Mueller's testimony as proof that a judge should sign off on the national security letters before they are issued.

"The credibility factor shows there needs to be outside oversight," said former FBI agent Michael German, now a national security adviser for the American Civil Liberties Union. He also cast doubt on the FBI's reforms.

"There were guidelines before, and there were laws before, and the FBI violated those laws," German said. "And the idea that new guidelines would make a difference, I think cuts against rationality."

Another victim of the war on terror -- our privacy and freedom. :rolleyes::headbang:
Ifreann
08-03-2008, 00:44
Clearly we need to destroy our rights before the terrorists can!


Also, in b4 nothing to hide, nothing to fear.
Gauthier
08-03-2008, 00:48
Well, it's a social commentary of a sad and disturbing kind when the only FBI agents not snooping into your private life are stuck in the basement with the X Files, and the only Catholic priests who weren't molesting children are all trapped on Craggy Isle.
Mad hatters in jeans
08-03-2008, 00:53
Death to the FBI!
"arrg, man the cannons warships ahead!"
*peers through binoculars at enemy FBI*
Free Soviets
08-03-2008, 01:10
so doesn't the law say there is some sort of punishment for these 'violations'?
Thumbless Pete Crabbe
08-03-2008, 01:24
This here:

The breach occurred before the FBI enacted broad new reforms in March 2007 to prevent future lapses, FBI Director Robert Mueller said Wednesday. And it was caused, in part, by banks, telecommunication companies and other private businesses giving the FBI more personal client data than was requested.


is slightly explanatory. However:

Speaking before the FBI chief, Senate Judiciary Chairman Patrick Leahy, D-Vt., urged Mueller to be more vigilant in correcting what he called "widespread illegal and improper use of national security letters."


wins "understatement of the year," in my book. Christ.
Sanmartin
08-03-2008, 01:32
This here:



is slightly explanatory. However:



wins "understatement of the year," in my book. Christ.

"Urging someone to be more vigilant..."

Here, a translation from the Congressional/Senatorial Doublespeak dictionary...


"Next time, don't get caught, because we secretly approve of your activities, but when you get caught, or even worse, admit it, we have to offer your asses to the circus to cover our asses."
The Cat-Tribe
08-03-2008, 03:17
ACLU Slams FBI Privacy Violations (http://www.aclu.org/safefree/general/34351prs20080305.html) (3/5/2008)

FOR IMMEDIATE RELEASE
Contact: 202-675-2312 or media@dcaclu.org

Washington, DC – In testimony today before the Senate Judiciary Committee, FBI Director Robert Mueller confirmed the misuse of National Security Letters (NSLs) – which allow for the collection of personal information without court approval – to secure Americans’ personal information during FBI investigations. A report from the Office of the Inspector General on the FBI’s use of NSLs is expected soon, though it was due in December of last year.

"When it comes to NSLs, there are laws and there are internal guidelines – the FBI ignored both," said Michael German, ACLU National Security Policy Counsel and former FBI agent. "New guidelines have been introduced, but last year’s IG report makes clear that internal guidelines are meaningless to the FBI. It’s becoming more and more obvious that outside oversight is essential since the Bureau’s learning curve is sadly unimpressive. Instituting judicial oversight would guarantee that someone would be looking over the shoulder of agents using a tool as invasive as an NSL. Members of Congress also have the power to narrow the scope of the NSL statute and they should use it – especially when the data collected is being stored and not destroyed. We’re looking forward to seeing the IG’s upcoming report. Hopefully it will be the wake up call that Congress needs."

The ACLU has successfully challenged the NSL power in two separate lawsuits. In one case, involving an Internet Service Provider, a federal court in September struck down the NSL gag provisions as unconstitutional. The government is currently appealing the decision.

"The excessive secrecy surrounding the FBI’s use of NSLs opens the door to abuse," said Melissa Goodman, a staff attorney with the ACLU National Security Project. "Because the NSL statute grants the FBI practically unfettered power to gag NSL recipients, the public remains woefully uninformed about how the FBI is using this intrusive surveillance power. Notably, the ACLU represents an NSL recipient who has been gagged for more than four years and who has been unable to speak up and participate in the public debate about the NSL power."


To read more about the ACLU’s work on NSLs, go to:
www.aclu.org/nsl (http://www.aclu.org/nsl)
New Manvir
08-03-2008, 05:11
Death to the FBI!
"arrg, man the cannons warships ahead!"
*peers through binoculars at enemy FBI*

Hey, is that a Black Helicopter outside your window?...what are those guys in Black suits doing on your lawn?
Wilgrove
08-03-2008, 06:29
Hmm so the FBI knows about all the 1-900 #s I called.

Dammit they've been getting off on my conversation that I paid $3 a minute for!

Those bastard!
Privatised Gaols
08-03-2008, 07:58
Sounds like he pissed off MJ-12. Hoo boy.

:confused:
Gauthier
08-03-2008, 08:04
Hey, is that a Black Helicopter outside your window?...what are those guys in Black suits doing on your lawn?

Sounds like he pissed off MJ-12. Hoo boy.
Stanasta
08-03-2008, 08:06
We need a FBI director named Creedy. Then it'd be just perfect.
Naturality
08-03-2008, 09:51
You know they can .. when 'they' want ... listen to your ass (at least track all calls) through your cell phones....even if you are not on it talking to someone. I don't give a flip about that for me myself tho. But I do in general. It's just not cool. A part of me wants to say .. if you got nothing to hide you have no reason to worry .. but I know better. Now .. if TV or PC was that way I'd be pissed. My phone is in my car alot, so not even around me .. TV adn PC tho .. argh. I'm sure we are monitored on the PC tho (meaning where we visit are monitored and they have people looking over forums and joining forums to start shit or smother shit). They'd be stupid NOT to.

Oh and of course they are going to follow spending habits. Numero Uno is money.