Friday, February 10, 2012

Leahy Questions Controversial Gag Order

March 27, 2007

During an FBI oversight hearing on Tuesday, Senate Judiciary Committee Chairman Patrick Leahy asked agency director Robert Mueller about a high-profile case involving Connecticut librarians who were banned from talking about a secret government effort to obtain user records.

Several librarians received "national security letters" from investigators and were unable to speak out during Congress' debate over the reauthorization of the 2001 anti-terrorism law, which includes the secret subpoena power. Weeks after the USA PATRIOT Act was renewed, the FBI lifted the gag order.

Leahy wondered whether Mueller thought the case involved an abuse of the NSL provision. He said a situation in which someone experiences a "real abuse" of the system and cannot talk about it is "Kafka at the extreme." Mueller said he did not believe the Connecticut case was a misuse of the system.

The Vermont Democrat also asked how many times the FBI had issued NSLs to libraries or educational institutions to date. Mueller did not have the statistics on hand and said he could provide the information by the end of the week.

Read more about the FBI oversight hearing in Technology Daily's PM edition.

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Juliana Gruenwald

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Juliana Gruenwald has been covering tech and telecom issues for more than a decade for National Journal, Interactive Week, BNA and Congressional Quarterly. This is her second stint with National Journal. She was recruited by NJ in 1998 to help launch its first tech policy publication, Technology Daily. She left in 2000 to cover international tech and telecom issues for Ziff Davis Media's Interactive Week magazine. She started her career at United Press International as the wire service's first Helen Thomas Intern. She has a Bachelor of Arts degree from the University of Minnesota. A Minneapolis native, she misses the lakes but not the cold.


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Josh Smith covers technology policy as a staff reporter for National Journal. He previously interned at National Journal Daily, a Senate press office, and the Deseret News in Salt Lake City where he covered the state legislature, courts, and crime. In 2009 he graduated with honors from Southern Utah University after managing an award-winning student newspaper as editor-in-chief. Josh has received state, regional and national awards for his political and policy reporting, including first place in CapitolBeat’s 2009 Best of Statehouse Reporting college competition. A native of drop-dead-gorgeous Utah, Josh lives in Virginia with his wife, Amber.