Patriot Act Misused
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Justice Dept.: FBI Misused Patriot Act
Friday, March 9, 2007 11:21 AM EST
The Associated Press
By LARA JAKES JORDAN
WASHINGTON (AP) - The FBI improperly and, in some cases, illegally used the USA Patriot Act to secretly obtain personal information about people in the United States, a Justice Department audit concluded Friday.
And for three years the FBI has under reported to Congress how often it forced businesses to turn over the customer data, the audit found.
FBI agents sometimes demanded the data without proper authorization, according to the 126-page audit by Justice Department Inspector General Glenn A. Fine. At other times, the audit found, the FBI improperly obtained telephone records in non-emergency circumstances.
The audit blames agent error and shoddy record-keeping for the bulk of the problems and did not find any indication of criminal misconduct.
Still, "we believe the improper or illegal uses we found involve serious misuses of national security letter authorities," the audit concludes.
At issue are the security letters, a power outlined in the Patriot Act that the Bush administration pushed through Congress after the Sept. 11, 2001, terror attacks. The letters, or administrative subpoenas, are 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.
About three-fourths of the national security letters were issued for counter terror cases, and the other fourth for spy investigations.
FBI Director Robert S. Mueller called Fine's audit "a fair and objective review of the FBI's use of a proven and useful investigative tool."
The finding "of deficiencies in our processes is unacceptable," Mueller said in a statement.
"We strive to exercise our authorities consistent with the privacy protections and civil liberties that we are sworn to uphold," Mueller said. "Anything less will not be tolerated. While we've already taken some steps to address these shortcomings, I am ordering additional corrective measures to be taken immediately."
Fine's annual review is required by Congress, over the objections of the Bush administration.
The audit released Friday found that the number of national security letters issued by the FBI skyrocketed in the years after the Patriot Act became law.
In 2000, for example, the FBI issued an estimated 8,500 letters. By 2003, however, that number jumped to 39,000. It rose again the next year, to about 56,000 letters in 2004, and dropped to approximately 47,000 in 2005.
Over the entire three-year period, the audit found the FBI issued 143,074 national security letters requesting customer data from businesses.
The FBI vastly under reported the numbers. In 2005, the FBI told Congress that its agents in 2003 and 2004 had delivered only 9,254 national security letters seeking e-mail, telephone or financial information on 3,501 U.S. citizens and legal residents over the previous two years.
Additionally, the audit found, the FBI identified 26 possible violations in its use of the national security letters, including failing to get proper authorization, making improper requests under the law and unauthorized collection of telephone or Internet e-mail records.
Of the violations, 22 were caused by FBI errors, while the other four were the result of mistakes made by the firms that received the letters.
The FBI also used so-called "exigent letters," signed by officials at FBI headquarters who were not authorized to sign national security letters, to obtain information. In at least 700 cases, these exigent letters were sent to three telephone companies to get toll billing records and subscriber information.
"In many cases, there was no pending investigation associated with the request at the time the exigent letters were sent," the audit concluded.
The letters inaccurately said the FBI had requested subpoenas for the information requested - "when, in fact, it had not," the audit found.
Senators outraged over the conclusions signaled they would provide tougher oversight of the FBI - and perhaps limits its power.
"I am very concerned that the FBI has so badly misused national security letters," said Sen. Arlen Specter, R-Pa., top Republican on the Senate Judiciary Committee that oversees the FBI.
Sen. Russ Feingold, D-Wis., another member on the judiciary panel, said the report "proves that 'trust us' doesn't cut it."
Justice spokeswoman Tasia Scolinos said Attorney General Alberto Gonzales "commends the work of the inspector general in uncovering serious problems in the FBI's use of NSLs."
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Justice Dept.: FBI Misused Patriot Act
Friday, March 9, 2007 11:21 AM EST
The Associated Press
By LARA JAKES JORDAN
WASHINGTON (AP) - The FBI improperly and, in some cases, illegally used the USA Patriot Act to secretly obtain personal information about people in the United States, a Justice Department audit concluded Friday.
And for three years the FBI has under reported to Congress how often it forced businesses to turn over the customer data, the audit found.
FBI agents sometimes demanded the data without proper authorization, according to the 126-page audit by Justice Department Inspector General Glenn A. Fine. At other times, the audit found, the FBI improperly obtained telephone records in non-emergency circumstances.
The audit blames agent error and shoddy record-keeping for the bulk of the problems and did not find any indication of criminal misconduct.
Still, "we believe the improper or illegal uses we found involve serious misuses of national security letter authorities," the audit concludes.
At issue are the security letters, a power outlined in the Patriot Act that the Bush administration pushed through Congress after the Sept. 11, 2001, terror attacks. The letters, or administrative subpoenas, are 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.
About three-fourths of the national security letters were issued for counter terror cases, and the other fourth for spy investigations.
FBI Director Robert S. Mueller called Fine's audit "a fair and objective review of the FBI's use of a proven and useful investigative tool."
The finding "of deficiencies in our processes is unacceptable," Mueller said in a statement.
"We strive to exercise our authorities consistent with the privacy protections and civil liberties that we are sworn to uphold," Mueller said. "Anything less will not be tolerated. While we've already taken some steps to address these shortcomings, I am ordering additional corrective measures to be taken immediately."
Fine's annual review is required by Congress, over the objections of the Bush administration.
The audit released Friday found that the number of national security letters issued by the FBI skyrocketed in the years after the Patriot Act became law.
In 2000, for example, the FBI issued an estimated 8,500 letters. By 2003, however, that number jumped to 39,000. It rose again the next year, to about 56,000 letters in 2004, and dropped to approximately 47,000 in 2005.
Over the entire three-year period, the audit found the FBI issued 143,074 national security letters requesting customer data from businesses.
The FBI vastly under reported the numbers. In 2005, the FBI told Congress that its agents in 2003 and 2004 had delivered only 9,254 national security letters seeking e-mail, telephone or financial information on 3,501 U.S. citizens and legal residents over the previous two years.
Additionally, the audit found, the FBI identified 26 possible violations in its use of the national security letters, including failing to get proper authorization, making improper requests under the law and unauthorized collection of telephone or Internet e-mail records.
Of the violations, 22 were caused by FBI errors, while the other four were the result of mistakes made by the firms that received the letters.
The FBI also used so-called "exigent letters," signed by officials at FBI headquarters who were not authorized to sign national security letters, to obtain information. In at least 700 cases, these exigent letters were sent to three telephone companies to get toll billing records and subscriber information.
"In many cases, there was no pending investigation associated with the request at the time the exigent letters were sent," the audit concluded.
The letters inaccurately said the FBI had requested subpoenas for the information requested - "when, in fact, it had not," the audit found.
Senators outraged over the conclusions signaled they would provide tougher oversight of the FBI - and perhaps limits its power.
"I am very concerned that the FBI has so badly misused national security letters," said Sen. Arlen Specter, R-Pa., top Republican on the Senate Judiciary Committee that oversees the FBI.
Sen. Russ Feingold, D-Wis., another member on the judiciary panel, said the report "proves that 'trust us' doesn't cut it."
Justice spokeswoman Tasia Scolinos said Attorney General Alberto Gonzales "commends the work of the inspector general in uncovering serious problems in the FBI's use of NSLs."
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What a surprise![xx(] 0 -
yea, we all know, just makes me wounder who they were spying on, terrorist, or us (not gunbroker people but Natural Born Citizens). 0 -
Naaaa.......they wouldn't ABUSE it. [/sarcasm] 0 -
The theory is... if you aren't doing anything wrong, what does it matter who is scrutinizing you.
Ha!
D.0 -
Now, now, now! Those that supported the Gestapo Act ASSURED us that it would be used for ONLY checking TERRORISTS and that if you were a law abiding AMERICAN you have NOTHING to worry about.
I think there are even a few supporters on this board. Any of those want to chime in?0 -
Whatever they did, I got to and from DC without the plane being hijacked and don't give two hoots if they checked my bag and let the guy behind me pass. If he was a bad guy, he would't know if he was being checked or not. Disclaimer: I don't agree with everything and am not convinced it is all going to stop bad people. I made it home so step on a few toes if you must. IMHO [:)] 0 -
[:0] 0 -
Yessir;
Long as I am safe, don't give a rats patoot WHAT they do...power to them !!!
Not to worry...these types of people have been around since the dawn of time...riding on the backs of people with courage.0 -
The act is abuse, it can only be abused. 0 -
Highball, I hope your remarks were not aimed at me. I merely stated that I didn't have a problem with mine or your bags being checked. What type of courage do you speak of ? Southeast Aisa perhaps. 0 -
Hey, BT3, this is what they ADMIT to doing wrong. What do you think they're covering up? 0 -
No surprise here and rest assured, nothing will come of the violations.
The camel's nose is under.........0 -
Gee, how funny... I seem to remember quite a few folks around here not too long ago saying that the Patriot Act was keeping us safe from the terrorists and that Bush and his Administration weren't doing anything wrong!
A few even went so far as to say that we could do with a little less freedom and a little more eavesdropping - that so long as we had nothing to hide, they wouldn't spy on us!
How times change. What's the old saying? "When they came for my neighbor, I said nothing. When they came for my friends, I said nothing. Now they come for me and I can do nothing."
People like you voted for this sort of nonsense not once, but twice.
And we get what we deserve.0 -
Another fine example of why the Republicans so deservedly got kicked out of power.
Pox upon power abusers.0 -
Mlincoln, I'm not sure I want to know. I would like to see a poll on how many people on GB, knows someone that was arrested because of illegal acts as it applies to this new revelation. Not saying (some)of it is right, but understand the need for finding out what Abdula is doing in the US calling Hussein twice a week about the Jefferson Memorial. Why don't we just put down all the stuff that's being done to protect us on CNN. That is my take. Maybe off subject a bit. [^] 0 -
I am unable to respect people willing to spread their cheeks to some 5 buck an hour pervert....all in the name of 'safety'.
I have not flown since the draconium laws have been put in place...and will never fly again till sanity returns.
As far as the 'misuse' by the fbi...my ear. They fully intended to snoop into Americans lives from day one...that is just what they do.0 -
what no one is telling you though is how many times the federal government misued almost identical powers BEFORE the patriot act. there is nothing new here. 0 -
He** we knew it would be when they passed it.
and that is just the start.
all we hear about is what they get caught at.
[B)][B)]0 -
Then don't fly. That's what we call choice ! 0 -
quote:Some will blame the President and the Bush administration.
I assume then, you would have no trouble with me hunting up the village idiot and handing him a loaded firearm off safety ?
After ALL...I didn't pull the trigger...
You bush supporters make me nauseous...0 -
WAAAAA [:D] 0 -
Yup..people cheerfully selling out their country makes me cry for the stupidity of it all. 0 -
quote:Originally posted by ElMuertoMonkey
Gee, how funny... I seem to remember quite a few folks around here not too long ago saying that the Patriot Act was keeping us safe from the terrorists and that Bush and his Administration weren't doing anything wrong!
A few even went so far as to say that we could do with a little less freedom and a little more eavesdropping - that so long as we had nothing to hide, they wouldn't spy on us!
How times change. What's the old saying? "When they came for my neighbor, I said nothing. When they came for my friends, I said nothing. Now they come for me and I can do nothing."
People like you voted for this sort of nonsense not once, but twice.
And we get what we deserve.
First of all, those that broke the law will be punished. The FBI director will be forced to step down, there will be investigations, and others will be fired and/or forced into disgrace and there might even be civil and possibly criminal sanctions. In short, there will be REPERCUSSIONS FOR THESE VIOLATIONS.
Second, I for one find it refreshing that there is at least provisions in the law for exactly what constitutes a violation of privacy and what the punishments will be and what behavior is proscribed. Too many laws give power and authority to the government without a corresponding "self-limiting" feature. In violating the PATRIOT act, it is essential to recognize that this is only making the news and only counts as a law violation BECAUSE THE LAW ITSELF SAYS IT IS. If the government was as really interested in reading your mail and intercepting your brainwaves as you think it is, there would be no such clause or provision at all and the CIA or the NSA or the Trilateral Commission could use the powers given without fear of reprisal for exceeding the authority. That it was even included means that Congress and the President didn't want the government running roughshod over the populous and these parts of the law were included not only to deter such activities, but to punish them as well. This is a good thing, trust me.
Additionally, every law on the books regarding government behavior and acceptable boundaries of governmental action is violated on a daily basis. All across the country. The govt. ALWAYS oversteps its bounds no matter who is running it or where in time or place it is at. It's as fundamental a law as gravity or entropy. Just look at the Constitution. It's routinely stepped on by cops, judges, prosecutors and defense attorneys. I don't like it anymore than you do, but somehow we muddle through life, even with its imperfections. To lay this on Bush's doorstep is nothing short of intellectually dishonest and lazy.
Lastly, any anlysis of the PATRIOT ACT or any other law for that matter is incomplete without weighing its BENEFITS as well as its costs, real and imagined. When something like this happens, it grabs headlines, as it probably should. But every time the law is used responsibly and legitimately doesn't get reported. Every time it generates a lead or helps roll up a terrorist cell or discloses a plot to kill you goes unreported because the media is there to sensationalize and demonize, especially when it comes to Republican administrations. The question isn't whether a law can or will be abused. It will and we all know it. The question is if it generates more positives than negatives, and those negatives include not only abuse or its potential but its overall policy effects, i.e. whether the law, even absent abuse, is a good idea.
P.S. nice allusion to Nazi Germany (Niemoller, wasn't it?) No one's buying it.0
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