Wednesday, May 23, 2012

ACLU: Curb FBI's Power

January 20, 2010 | 7:37 PM

The American Civil Liberties Union called on Congress Wednesday to curb the power of the FBI to collect private information on U.S. citizens without court approval after a new report found the FBI abused its authority to obtain telecommunications records. The Justice Department's inspector general found widespread misuse of emergency letters to telecom providers that sought access to Americans' telecommunication records, saying in many cases the letters were sent even when an emergency did not exist.

"We concluded that the FBI's use of exigent [emergency] letters and other informal requests, for telephone toll billing records circumvented, and in many cases violated, the requirements of the [Electronic Communications Privacy Act] statute," according to the inspector general's report.

The ACLU said in a statement that the FBI's use of exigent letters and national security letters (NSL), which are used to obtain information from third parties for national security investigations, "reveals a systemic, widespread abuse of power." The FBI's power to use national security letters was expanded under the USA Patriot Act, passed in the wake of the Sept. 11, 2001 terrorist attacks. The ACLU noted that Wednesday's report is the third from the Justice Department's IG that identified breaches of department regulations and possible law violations by the FBI.

"Given this report, there is absolutely no excuse for Congress not to reform the NSL authority during the current Patriot Act debate," ACLU Washington legislative office acting director Michael Macleod-Ball said. "Without an outside check, FBI agents are able to demand and obtain sensitive information at will."

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Juliana Gruenwald

Tech Writer

E-Mail: jgruenwald@nationaljournal.com.


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.


Josh Smith

Tech Reporter

E-Mail: joshsmith@nationaljournal.com.


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.