Legislation Needed to Correct Widespread Errors in use of National Security Letters

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A Briefing On Public Policy Issues Affecting Civil Liberties Online from The Center For Democracy and Technology

Legislation Needed to Correct Widespread Errors in use of National Security Letters

1) Legislation Needed to Correct Widespread Errors in Use of National Security Letters

2) Self-Policing Does Not Work to Address the Core Problems with NSLs

3) Intelligence Surveillance Tools Require More Oversight

4) Legislation Would Increase Judicial Oversight and Tighten NSL Standards


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1) Legislation Needed to Correct Widespread Errors in Use of National Security Letters
In reports issued in March 2007 and March 2008, the Department of Justice Inspector General (IG) found widespread errors and violations in the FBI's use of National Security Letters to obtain bank, credit and communications records of U.S. citizens without judicial approval. CDT has called upon Congress to establish checks and balances for such government access to sensitive information.

National Security Letters (NSLs) are simple form documents signed by officials of the FBI and other agencies compelling disclosure of personal information without prior judicial authorization. NSLs can be served on credit companies, telephone carriers, Internet Service Providers, and financial institutions.

In October 2001, the PATRIOT Act dramatically weakened the standard for issuing NSLs by removing the requirement that the records sought with the NSL pertain to an "agent of a foreign power" such as a terrorist or a spy. The PATRIOT Act also eliminated the requirement that the government be able to articulate the factual basis for its suspicion. Current law merely requires an FBI official to state —purely for internal purposes -- that the records are "relevant to" or "sought for" foreign counter intelligence or terrorism purposes. Furthermore, an amendment adopted in 2003 dramatically expanded the institutions subject to NSLs to include travel agencies, real estate agents, jewelers, the Postal Service, insurance companies, casinos, car dealers and others.

Among other things, the IG found that the FBI issued NSLs when it had not even opened the investigation that is the only predicate for issuing an NSL. It found that the FBI retains almost indefinitely the information it obtains with an NSL, even if the record subject turns out to be innocent of any crime and of no intelligence interest. It also found that the Attorney General had refused to adopt adequate "minimization" procedures designed to protect the privacy of information about innocent Americans obtained with an NSL, even though an interagency working group had recommended such procedures.

IG Report on FBI Use of NSLs

CRS Report To Congress on NSLs

more:http://www.cdt.org/publications/policyposts/2008/5