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The Rift > Intel > FBI Admits Privacy Violations - Again

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FBI Admits Privacy Violations - Again

FBI Director Robert Mueller said today the FBI used national security letters to improperly collect personal data about Americans. Surprising? Not really.

The new report "will identify issues similar to those in the report issued last March," said Mueller. The similarities between the reports, according to Mueller, are due to the fact that both took place before new reforms were passed. The March report showed “thousands of examples of the FBI's failure to properly report the number of national security letters as required by law.” Misuses of the letters in the March report were attributed to bad record keeping and agent error. No criminal misconduct was indicated.

Presumably the new report will find the same or similar problems, citing error rather than criminal activity. While Mueller assures that misconduct will occur less under the new reforms, many are skeptical to say the least.

"There were guidelines before, and there were laws before, and the FBI violated those laws. And the idea that new guidelines would make a difference, I think cuts against rationality," said Michael German, a national security adviser for the American Civil Liberties Union and former FBI agent.

Since 2001 and the passing of the Patriot Act, the use of national security letters has grown exponentially. National security letters allow the FBI to acquire sensitive personal information from internet service providers, telephone companies, banks, credit bureaus and others – all without the approval of a judge.

Among the silly excuses cited by the FBI and Justice Department was that abuse occurred when companies gave the FBI more information than they asked for. I found this particularly amusing; one would assume the FBI would ask for specific information only, thereby avoiding these kinds of mistakes. But what do I know, perhaps these companies really just wanted to waste time finding every scrap of information they have concerning an individual and pass it along as well.

Even better is the new guidelines that will supposedly stop the misuse. Agents have been “sternly reminded” to follow the rules. The equivalent of a finger wagging and terse words – now that’s policy!

This laughable attempt to ensure fairness appears to be nothing more than the bare minimum of a policy to ease public concerns. As Mr. German says "The credibility factor shows there needs to be outside oversight." In other words, we need judges to be watching and approving these letters. You can’t just hand out authority to an intelligence agency with a “play nice or else” warning. It’s a recipe for abuse.

External Links

USA Today

Contributed by The Rift on March 6, 2008, at 3:49 AM UTC.

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