Think Progress

Senate Launches First Major Effort To Rein In Use Of National Security Letters

[Our guest blogger, Peter Swire, is a senior fellow at the Center for American Progress and served as the Clinton Administration's Chief Counselor for Privacy. He will be testifying today before Sen. Feingold's Judiciary Subcommittee on the FBI's abuse of National Security Letters. Watch the hearing live or read Swire's testimony.]

The Inspector General for the Department of Justice recently released a Congressionally-mandated report about the FBI’s abuse of National Security Letters. Even the FBI’s own General Counsel has now admitted the Bureau “got an F report card.” The report found that a startling 22 percent of the NSLs reviewed violated the law. The report also found serious under-reporting of the number of NSLs to the Congress.

One of the worst problems is the way the Bush Administration has misled the public and the Congress about this program. A March 2003 front-page story in the Washington Post reported:

“The FBI, for example, has issued scores of ‘national security letters’ that required businesses to turn over electronic records about finances, telephone calls, e-mail and other personal information, according to officials and documents.”

“Scores” of letters, said the officials in 2003. According to the latest IG Report, however, we now know the number for 2003 alone was at least 39,000.

Here are some key points to keep in mind:

1. The Patriot Act fundamentally changed the nature of NSLs, in ways that create unprecedented legal powers and pose serious risks to privacy and civil liberties.

2. Congress has never agreed to anything like the current scale and scope of NSLs.

3. The gag rule under NSLs, where it is a crime to tell your family or colleagues that you have turned over records, is an especially serious departure from good law and past precedent.

4. Amendments such as those in the SAFE Act [S.737 from last Congress] and H.R. 1739 [this Congress] provide desirable alternatives to the current legal rules. We should also have a new “Statement of Rights and Responsibilities” so that people holding records know they have a right to consult an attorney and appeal an NSL to court.

In short, the new meaning of NSLs should be: “Never Seen the Like.”

Peter Swire

UPDATE: More at FireDogLake.




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59 Responses to “Senate Launches First Major Effort To Rein In Use Of National Security Letters”

  1. Jake Says:

    Did my post about NSLs being less-drastic than locking up every Japanese-American like FDR did, get deleted?


  2. ValiantVenusGrewFromUranus Says:

    Did my post about NSLs being less-drastic than locking up every Japanese-American like FDR did, get deleted? Comment by Jake — April 11, 2007 @ 3:28 pm

    Jake, you seem to be under the false impression that your posts have any credibility, relevance or significance to anyone but yourself.

    Yeah, and during the time of FDR, blacks couldn't serve alongside whites, it was a death sentence to be gay, interracial marriages were illegal, blacks had no civil rights in the south, and bigots like you thought you were the ones that were *good* and *moral*.

    The world has changed Jake, but only bigots like you have remained stuck in justifying your own st*pidity by ignoring the growth in mankind. We've moved on, you haven't. That makes you look like an idiot - then again - you are!


  3. smafdy Says:

    Yes.


  4. veritas Says:

    Of Course Bush didn't know anything about this as he seems to know absolutely nothing about his own DOJ, etc. This is illegal - and we need a full and thorough investigation of it immediately.

    Bush has to go along with all of his idiot cronies he's placed in important offices. They're all "asleep at the wheel" and this country is tanking because of their derelection of duty.

    The buck stops at Bush - time to IMPEACH BUSH IS NOW!


  5. Chris L Says:

    "The report found that a startling 22 percent of the NSLs reviewed violated the law."

    That pretty much sums it up. The last time I checked, violating the law was illegal. There is even punishment involved for such things.


  6. bob (not the hacker) Says:

    Jake is also an identity stealing plagairist and a fraud. go away jake no one cares what you have to say now, even those few who aren't on your silly list.


  7. veritas Says:

    #2 Don't waste your time attempting to educate an idiot. Clearly, this individual has no credibility, no historical knowledge, and posts that are infantile. He's an irrelevant, ignorant, egocentric troll with nothing better to do than to spew pure bull$hit on these threads. Ignore him and he'll crawl back into the hellhole he calls home.


  8. Jake Says:

    For the record, TP deleted the Gonzales blurb in their own "Think Fast" thread today, so it does happen. If anyone (NOT on the "Ignore List" of course) wishes to discuss the topic of national security in general, or NSLs specifically, please let me know.


  9. Fed the fcuk up! Says:

    What you guys haven't read the "Patriot" Act yet? It's only been 5 fricken years.

    Illiteratacy or Willful Ignorance, which is the cause for this woeful dropping of the ball by the American citizenry? The jury is still out.

    The only upside is that you all look very neat and clean in your new brown shirts. Enjoy your servitude, you voted for it (and so did YOUR representatives).


  10. Chris L Says:

    "the FBI’s own General Counsel "

    Wow, I think I would be rather inclined to listen to someone like that. I am pretty sure that the FBI’s own General Counsel knows a few things I don't. If he says they get an F, I would have to agree.


  11. veritas Says:

    #5 Guess this 22% amount to quite a bit in terms of violating the law - Now let's see the punishment doled out appropriately. Bush, Cheney and his cabinet need to be driven from office, impeached and imprisoned for illegal spying on citizens.

    After all, Nixon was impeached and the Watergate perpetrators imprisoned for spying on the DNC.....one act of illegal espionage. I believe that the "gig is up" and the people are revolting against the incredible corruption and lack of morality in this country right now - if Imus is any indication.

    When the people learn the full story of this one "NSA-Gate", this scandal will put people through the roof. I imagine there will be impeachment proceedings in every state and impeachment marches beginning soon.


  12. veritas Says:

    Advice to idiot trolls: don't hold your breath in waiting for someone to have interaction with you. No one wants to be contaminated by your necrotic spew. Why would anyone desire dialogue with a brainwashed neo-nazi idiot?


  13. veritas Says:

    Dontcha love it? The FBI's own general counsel - amazing! They're scrambling around just like the entire GOP and eating their own. It's cannibalism time!


  14. Tom3 Says:

    Jake the troll is an inbred redneck Repuke idiot.

    He brings up the Japanese-American internment to try and minimize the illegal conduct of the Chimpy regime. Two wrongs don't make a right.

    Congress apologized for the internment. It is a sad lesson that we must not let Chimpy repeat...he is already building Halliburton camps to do it.


  15. SilentPatriot Says:

    Don't forget the most underreported aspect of the entire story. Back in February 2006, when he signed into law the renewal of the Patriot Act, Bush issued a signing statement that said he didn't feel compelled to abide by the Congressional oversight provisions that were crucial to the bill being past in the first place.

    In other words, the FBI was recently caught violating the very rules President Bush said he didn't feel he had to follow. Greenwald has more.


  16. Jason M. Hendler Says:

    CASE CLOSED

    Charges against Duke LaCrosse players droppped.

    http://www.foxnews.com/story/0,2933,265187,00.html


  17. ValiantVenusGrewFromUranus Says:

    For the record, TP deleted the Gonzales blurb in their own “Think Fast” thread today, so it does happen. If anyone (NOT on the “Ignore List” of course) wishes to discuss the topic of national security in general, or NSLs specifically, please let me know. Comment by Jake — April 11, 2007 @ 3:36 pm

    Why would we let an incompetent piece of sh*t like you know about OUR discussions. You aren't part of the discussion *sshole, you're just background propaganda noise we ignore, belittle or beat down for your ignorance. You aren't here to discuss, nor are you physically capable of discussing, so OUR discussions do not need to NOTIFY you.

    You are on notice though as someone that is lying about their identity, credentials, party affiliation and frankly *morality*. You're a hate filled, selfish, greedy and st*pid piece of sh*t.

    Now get the f*ck out of the way, while people with a real intellect *discuss*, this issue. Ok, SON?


  18. Tom3 Says:

    Signing statements should be made illegal.

    They are unconstitutional.

    Chimpy can either sign a bill or veto it.

    He doesn't have the power to say he can ignore the law.

    Repukes who support Chimpy are supporting breaking the law.


  19. ValiantVenusGrewFromUranus Says:

    CASE CLOSED
    Charges against Duke LaCrosse players droppped.
    http://www.foxnews.com/story/0,2933,265187,00.html
    Comment by Jason M. Hendler — April 11, 2007 @ 3:44 pm

    Start your own blog Hendler, and STFU about b*llsh*t you care about that is unrelated to this blog.

    While you're at it, this is clearly a veiled attack on women in particular, and blacks in general - your fascination with this case. Tell me Hendler, how many black women have you r*ped and claimed it was consensual sex?

    You're a whiny st*pid hate filled misogynistic piece of sh*t Hendler.


  20. Nat Says:

    Did my post about NSLs being less-drastic than locking up every Japanese-American like FDR did, get deleted?
    Comment by Jake — April 11, 2007 @ 3:28 pm

    They're both un-American.


  21. verse18 Says:

    Jake is a fool. Not only is he a fool, he's a fool with no shame.

    DO NOT ENCOURAGE THE TROLLS. THEY HAVE NOTHING OF SUBSTANCE TO ADD TO ANY DISCUSSION. THEY KNOW IT. DON'T LET THEM BAIT YOU.


  22. Albert Says:

    1,950 scores of NSLs, but it still counts as "scores" I guess. This is typical of their weasel ways. With apologies to the real fuzzy animals.


  23. Nat Says:

    Charges against Duke LaCrosse players droppped.

    http://www.foxnews.com/story/0,2933,265187,00.html
    Comment by Jason M. Hendler — April 11, 2007 @ 3:44 pm

    This is important because...?


  24. Parrotlover77 Says:

    Now get the f*ck out of the way, while people with a real intellect *discuss*, this issue. Ok, SON?

    Comment by ValiantVenusGrewFromUranus — April 11, 2007 @ 3:45 pm

    Wow... I haven't seen this kind of hatred to a troll ever on TP! What happened when I wasn't around? I don't have the time, unfortunately, to particpate as much as I want in these blogs, so I must have missed something. I'm not crazy about posts that are so hate-filled and profanity-laden, but I'm guessing based on the all the comments directed toward "Jake" here that he must have really pissed some people off recently more than the average troll!


  25. ValiantVenusGrewFromUranus Says:

    This is important because…?
    Comment by Nat — April 11, 2007 @ 3:50 pm

    Because Hendler can't get a date, and he hates women and black people almost as much as he hates gay people. He feels *vindicated* because he identifies with the would be rapists involved in this case. He's a sicko freak loser that even Valiant Venus said looked like a whiny wimp on his myspace page (of which I conveniently link to on my moniker).


  26. ValiantVenusGrewFromUranus Says:

    Wow… I haven’t seen this kind of hatred to a troll ever on TP! What happened when I wasn’t around? Comment by Parrotlover77 — April 11, 2007 @ 3:52 pm

    Hatred? Nope. Just annoyance. He's a little piece of sh*t. Pure and simple. A man that believe it's OK to intern and murder islamic people without rights or trial, but that believes we should stop all science when an embroy is involved. He's just a typical valiant venus style fringe lunatic that gets back what he puts out.


  27. Tom3 Says:

    I think trolls are masochists and they come in here to get dumped on.

    I hope the FBI takes a beating over these illegal letter things.

    We need to restore the rule of law in this country.


  28. Nat Says:

    If anyone (NOT on the “Ignore List” of course) wishes to discuss the topic of national security in general, or NSLs specifically, please let me know.
    Comment by Jake — April 11, 2007 @ 3:36 pm

    Grown-ups don't have ignore lists.


  29. raynman Says:

    What's the big deal? It's just your constitutional rights. The one thing that separates us from those that we fear and we let it slowly dissolve in a flurry of signing statements.


  30. Tom3 Says:

    Who wants to discuss this topic with a Repuke troll?

    We already know their position, its in the talking points.

    Chimpy and Gonzo think they can do whatever the hell they want.

    They're destroying the rule of law in this nation, and that is very serious.

    Of course, the Repuke trolls don't care about the rule of law.

    They would rather have us ruled by a dictator chimp.


  31. bob (not the hacker) Says:

    Re #24

    jake got caught plagiarizing an online bio of a Korean War Vet. He was claiming that he was one, and when pushed cut and pasted something from a real vet's bio. I didn't find the link, someone else with more detirmination did, but I'm glad that jake has been outed as a liar and a fraud. here is a link to the thread in question:

    " here is the thread:
    Start reading from post #170

    http://thinkprogress.org/ 2007/ 04/ 05/ pelosi-syria-prove-it/ #comments

    Jake, in all seriousness….EAT SH*T and DIE for plageurizing a military career as your own!"


  32. unbelievable Says:

    Charges against Duke LaCrosse players droppped.
    Comment by Jason M. Hendler — April 11, 2007 @ 3:44 pm

    Do you also have ADHD?

    This thread is about your boy king's illegal actions.


  33. unbelievable Says:

    He’s a sicko freak loser that even Valiant Venus said looked like a whiny wimp on his myspace page (of which I conveniently link to on my moniker).
    Comment by ValiantVenusGrewFromUranus — April 11, 2007 @ 3:54 pm

    Like MA has any room to judge... LOL

    Jason would have a myspace page. He's that immature and arrogant.

    I got this message from your link:

    "This profile is set to private. This user must add you as a friend to see his/her profile."


  34. Tom3 Says:

    Let's see, 39,000 NSLs in 2003 alone. 22% are illegal.

    That means the FBI broke the law over 8000 times in 2003 alone.

    Let's use those figures to estimate the next 3 years.

    That means the FBI has broken the law 32 THOUSAND TIMES since 2003.

    How can they enforce the law when they violate it wholesale?


  35. verse18 Says:

    Jason knows that no woman, especially a Black woman, would give him the time of day, and that makes sexually repressed, insecure, little-dicked men like him get all bent out of shape.


  36. PatrioticLiberalChristian(PLC) Says:

    I must confess that I'm rather pissed
    For there is a status that I have missed
    I feel so excluded
    For I have not been included
    As a member of the infamous Jake's list.


  37. unbelievable Says:

    Wow Jake was busted for both plagerizing and name-jacking in the same thread...

    Such the poster boy for the Right-wingers... LOL


  38. Raven Says:

    Hey, we could all start our own lists, with 'jake' the only one on it...


  39. ValiantVenusGrewFromUranus Says:

    I got this message from your link:
    “This profile is set to private. This user must add you as a friend to see his/her profile.”
    Comment by unbelievable — April 11, 2007 @ 4:08 pm

    He made it private when people started making fun of all his lunatic rantings there. Apparently Valiant was permitted in as a friend, until she started making fun of him, thinking *I* was him because of my alias.

    She completely went after Jason, until I pointed out to her that I was making fun of him, as you know, the god Uranus from which she sprung ;)


  40. ValiantVenusGrewFromUranus Says:

    Wow Jake was busted for both plagerizing and name-jacking in the same thread…
    Such the poster boy for the Right-wingers… LOL
    Comment by unbelievable — April 11, 2007 @ 4:23 pm

    Yes, don't you just *love* that conservative *values* poster? Reminds me of a Haggard ministry ;)


  41. DRxJ Says:

    CASE CLOSED
    Charges against Duke LaCrosse players droppped.
    Comment by Jason Misogynist Hendler — April 11, 2007 @ 3:44 pm

    and you brought this up, because....????
    Might be that this was eating away at your morbid, vile soul.
    You couldn't stand the idea of a black woman (an accused prostitute) going to court against these good ol' white boyz?
    You're scared to post here anymore, haven't seen hide or tail from ya basically since the elections, then you post this sh*t!!???
    Grow up, dude!
    Your bigotry and hatred towards women are as clear today, as they were the first day you posted here!


  42. Tom3 Says:

    We are headed for big trouble because of Chimpy and Gonzo.

    They are undermining the rule of law in this nation.

    What are our kids going to think if the government breaks the law?

    They will figure the law is a joke and they will start breaking it too.

    Chimpy is destroying our great nation.


  43. unbelievable Says:

    He made it private when people started making fun of all his lunatic rantings there. Apparently Valiant was permitted in as a friend, until she started making fun of him, thinking *I* was him because of my alias.

    Funny how they rabidly attack anything they think is liberal... Though I use the word 'think' in a throerectical sense, as I haven't seen any of them actually demostrate and evidence of posessing such skills...

    She completely went after Jason, until I pointed out to her that I was making fun of him, as you know, the god Uranus from which she sprung ;)
    Comment by ValiantVenusGrewFromUranus — April 11, 2007 @ 4:27 pm

    wonder if, this many years of not using the brain, if these fools have oatmeal in their craniums...


  44. unbelievable Says:

    Reminds me of a Haggard ministry ;)
    Comment by ValiantVenusGrewFromUranus — April 11, 2007 @ 4:28 pm

    Don't get me started on religion... :D


  45. Don Bacon Says:

    Another 'key point'--the US Constitution--that ragged old piece of paper
    ------------
    Amendment IV - Search and Seizure. Ratified 12/15/1791.

    The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
    -----------------

    I don't see anything about National Security letters in there--do you?
    I see something about warrants to be issued on probable cause.
    But it's only the Constitution--no big deal.
    Forget I mentioned it.


  46. Paul in LA Says:

    "In short, the new meaning of NSLs should be: “Never Seen the Like.”

    No Peter, it stands for we're "Not So Lucky."

    Fascism Brings Illegal searches.

    Btw, I would like to invite all of you to pick up the latest FBI catalog. You're on the front cover, and for $5 you can get a coffee mug with your mug on it, and the word, 'Terorist.'

    Hey, it's the FBI -- there's a reason why the mug is only $5.


  47. freeman Says:

    Stop fascism before it stops you !


  48. DallasNE Says:

    Every time we turn around another example of the Bush administration cooking the books is exposed. Not just this one today but the photo cropped picture from the Defense Department of the anti-American protest in Najaf that made the crowd appear to only be 1/5 the size it actually was. A third example on the Bureau of Labor data on the cost of milk and a loaf of bread.

    Even the announcement yesterday that Congress will look into how the data was manipulated on the Jessica Lynch and Pat Tillman stories. Nothing can be trusted anymore. Can the books also be cooked on financial matters like the rate of inflation, job creation or wage increases?


  49. Jake Says:

    Welcome back, Parrotlover77:

    I, needless to say, don't think I'm a "troll" or any of the other personal attacks — I've never said it’s OK to intern (sic) or murder islamic people without rights or trial, nor do I believe that we should stop all science when an embroy (sic) is involved. I am a Korean war vet and no one has proven otherwise -- just ask Dale. If you have any questions about any post you see of mine, please ask in a civil manner and I will always return the same Common Courtesy : )


  50. unbelievable Says:

    Jake,

    You do not have the culture of the WWII generation to which my parents were both born.

    You 'speak' like a 25 year old, with twenty-something lingo, culture and mindset.

    The fact that you don't understand that there is a vast difference between generations due to the events and culture at the time of a person's cultural indoctrination is why you have become a whack-a-troll.

    25 year olds are allowed to be credible if they can demonstrate their critical thinking skills. You don't have to pretend to be a 75 year old war hero to be taken seriously. You just have to be able to validate what you claim.

    The best thing you can do is start over. You've already shown that you aren't who you claim, and there's really no where to go from there but down...


  51. JPark Says:

    #1 Probably, though I didn't know TP was deleting the posts of the retarded.


  52. JPark Says:

    #9 Shut up already, concern troll.


  53. JPark Says:

    #49 Hehe, just ask Dale. Good one Jakey. By the way, how is the list going?


  54. Eargy Earp Says:

    Glad to see this effort finally beginning.

    Now maybe people can start talking about the abuses against citizens without fear of imprisonment.


  55. Eargy Earp Says:

    goddamned patriot act!


  56. President’s Analyst Says:

    [...] Full story at Think Progress. [...]


  57. Raymond Funamoto Says:

    AMERICA, HAS UNFORTUNATELY, BEEN WRONG DURING DEMOCRATIC ADMINISTRATIONS LIKE FDR THAT LOCKED UP JAPANESE CITIZENS AND ALSO LOOKED DOWN ON MINORITIES, i.e., NON-WHITES---HOWEVER, IT STARTED DURING Nixon, Reagan, Bush 41 and NOW, IT HAS BECOME A FESTERING BOIL WITH CHIMPya 43 THAT THE EGREGIOUS CURTAILING OF OUR LIBERTIES WITH THESE SO CALLED "national security letters" IS BECOMING RAMPANT AND SHOULD BE A SERIOUS CONCERN OF EVER AMERICAN CITIZEN---THE PERFECT PLACE FOR THESE LETTERS IS A FURNACE, TO BE BURNED TO ASHES, AND WHILE YOU'RE AT IT, THROW IN THE CREEPS WHO USED THESE "GODDAMNED PIECES OF PAPER" AS CHIMPya CALLED THEM, THESE PAPERS ARE NO BETTER THAN TOILET PAPER AND SERVE A LESS USEFUL PURPOSE THAN TOILET PAPER---HAH!!!!!


  58. links for 2007-04-12 « JeffSay… Says:

    [...] Think Progress » Senate Launches First Major Effort To Rein In Use Of National Security Letters “One of the worst problems is the way the Bush Administration has misled the public and the Congress about this program.” (tags: Congress FBI JusticeDepartment NSL NationalSecurityLetter Bush PatriotAct privacy civilliberties civilrights) [...]


  59. Jake Says:

    For the record, I am not 25 years old.



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