Classifieds | Home Delivery | Advertise With Us
Joe Meyer
•  Police Scanner Blog

Jonathon Braden
•  Homeroom

Sara Semelka
•  City Beat Blog

Jodie Jackson Jr.
•  North County News

Pete Bland
•  Recent Columns
•  Cool Dry Place Blog

Federal audit: FBI violates Patriot Act
Agency conducted searches without proper authorization.

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 Department of Justice audit concluded today.

And for three years the FBI has underreported 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 Department of Justice Inspector General Glenn 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 counterterror cases, and the other fourth for spy investigations.

FBI Director Robert 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 despite objections from the Bush administration.

The audit 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.

During the entire three-year period, the audit found the FBI issued 143,074 national security letters requesting customer data from businesses.

The FBI vastly underreported the numbers. In 2005, the FBI told Congress that its agents in 2003 and 2004 had delivered 9,254 national security letters seeking e-mail, telephone or financial information on 3,501 U.S. citizens and legal residents during the previous two years.

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 limit its power.

"The report indicates abuse of the authority" Congress gave the FBI, said Senate Judiciary Committee Chairman Patrick Leahy, D-Vt. "You cannot have people act as free agents on something where they’re going to be delving into your privacy."


Copyright 2007 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.


Advertisement

 

 

Copyright © 2007 The Columbia Daily Tribune. All Rights Reserved.

Columbia Daily Tribune

The Columbia Daily Tribune
101 North 4th Street, Columbia, MO 65201

Contact Us | Search | Subscribe