Today's Article
How often have
gross mistakes at
the FBI subjected
'someone to an
invasion of privacy'?
gross mistakes at
the FBI subjected
'someone to an
invasion of privacy'?
The American Spark
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FBI Admits Wrongly Issuing Surveillance Warrants
By Cliff Montgomery - Apr. 4th, 2007
FBI agents consistently provided inaccurate information to get secret court approval of surveillance warrants in
terrorism and espionage cases, convincing officials to tighten controls on the Bureau's use of National
Security Letters (NSLs) and intelligence surveillance warrants, according to Justice Department and Bureau
officials.
The NSLs empower the FBI to request data from businesses without a warrant, subpoena or judicial review.
At a Senate Judiciary Committee hearing, both Republicans and Democrats proclaimed the abuses have
weakened the FBI's reputation and its right to continue using such methods under the eased conditions that
Congress allowed in the wake of the Sept. 11th, 2001, terrorist attacks.
On March 9th, the FBI released a press statement about the needed changes. There is the expected Bureau
gloss of these very controversial letters; but the press release does contain enough of an honest "mea culpa"
that it deserves a full hearing. We therefore print it below:
RESPONSE TO DOJ INSPECTOR GENERAL’S REPORT ON FBI’S USE OF NATIONAL SECURITY
LETTERS
In the post-9/11 world, the National Security Letter (NSL) remains an indispensable investigative tool. NSLs
contribute significantly to the FBI’s ability to carry out its national security responsibilities by directly supporting
its counterterrorism, counterintelligence, and intelligence missions. NSLs also allow the FBI to obtain
information to eliminate concerns about individuals and close down investigations with a high degree of
confidence there is no terrorism or adverse intelligence-gathering threat. We are pleased the Inspector
General concurs with the FBI concerning the value of the NSL tool.
“The Inspector General conducted a fair and objective review of the FBI’s use of a proven and useful
investigative tool," said Director Robert S. Mueller, III, "and his finding of deficiencies in our processes is
unacceptable. We strive to exercise our authorities consistent with the privacy protections and civil liberties
that we are sworn to uphold. Anything less will not be tolerated. While we’ve already taken some steps to
address these shortcomings, I am ordering additional corrective measures to be taken immediately," Mueller
said.
Importantly, the OIG found no deliberate or intentional misuse of authorities, whether NSL statutes or Attorney
General Guidelines. Nevertheless, the OIG review identified several areas of inadequate auditing and
oversight of these vital investigative tools, as well as inappropriate processes, and these are findings of
significant concern.
As a result, Director Mueller is implementing reforms to the process designed to correct those deficiencies
identified – with accountability. Those steps include strengthening internal controls, changing policies and
procedures to improve oversight of the NSL approval process, barring certain practices identified in the
Inspector General’s report, and ordering an expedited inspection.
The FBI will work together with DOJ’s National Security Division and the Privacy and Civil Liberties Office to
implement these reforms. Throughout this process, the FBI will continue to work closely with the OIG to gauge
progress and consider any additional reforms.
In its review, the OIG took into consideration the environment in which the Bureau has functioned over the last
five years. Since September 11, 2001, as the report noted, the FBI has undergone major reorganization. The
men and women of the Bureau's Counterterrorism Division, in particular, have carried an extraordinary
workload, transforming operations while working at a breakneck pace protect Americans. The OIG also
recognized the importance of NSLs, citing a number of instances in which they have been used by the FBI to
gather the basic building blocks of its counterterrorism and counterintelligence investigations.
The deficiencies identified, however, require the FBI to redouble its efforts to ensure we do not repeat the
mistakes in the use of these authorities, however lacking in intent. Any report of possible violations of legal
authorities will continue to be carefully reviewed, and, if warranted, referred to the appropriate entities. If we
determine that we obtained any information to which we were not legally entitled, whether due to FBI or third-
party error, that information will be sealed, sequestered, and where appropriate, destroyed. In addition,
employee conduct related to these violations will be reviewed and, if appropriate, employees will be
disciplined.
The OIG report made ten recommendations in response to its findings, designed to provide both the
necessary controls over the issuance of NSLs and the creation and maintenance of accurate records. Director
Mueller assured the Inspector General, in a detailed response included in the report, that the FBI fully
supports each recommendation.
The FBI concurs with the Inspector General that, when implemented, these reforms can improve the accuracy
of the reporting of the use of NSLs and ensure compliance with the requirements governing their use. Along
with those already put in place, these reforms will ensure full compliance with both the letter and the spirit of the
authorities entrusted to the Bureau, and will strengthen the process, alleviate concerns, and ensure the
confidence of the Congress and the American public, while allowing the FBI to continue to protect the nation
from those who would do us harm.
By Cliff Montgomery - Apr. 4th, 2007
FBI agents consistently provided inaccurate information to get secret court approval of surveillance warrants in
terrorism and espionage cases, convincing officials to tighten controls on the Bureau's use of National
Security Letters (NSLs) and intelligence surveillance warrants, according to Justice Department and Bureau
officials.
The NSLs empower the FBI to request data from businesses without a warrant, subpoena or judicial review.
At a Senate Judiciary Committee hearing, both Republicans and Democrats proclaimed the abuses have
weakened the FBI's reputation and its right to continue using such methods under the eased conditions that
Congress allowed in the wake of the Sept. 11th, 2001, terrorist attacks.
On March 9th, the FBI released a press statement about the needed changes. There is the expected Bureau
gloss of these very controversial letters; but the press release does contain enough of an honest "mea culpa"
that it deserves a full hearing. We therefore print it below:
RESPONSE TO DOJ INSPECTOR GENERAL’S REPORT ON FBI’S USE OF NATIONAL SECURITY
LETTERS
In the post-9/11 world, the National Security Letter (NSL) remains an indispensable investigative tool. NSLs
contribute significantly to the FBI’s ability to carry out its national security responsibilities by directly supporting
its counterterrorism, counterintelligence, and intelligence missions. NSLs also allow the FBI to obtain
information to eliminate concerns about individuals and close down investigations with a high degree of
confidence there is no terrorism or adverse intelligence-gathering threat. We are pleased the Inspector
General concurs with the FBI concerning the value of the NSL tool.
“The Inspector General conducted a fair and objective review of the FBI’s use of a proven and useful
investigative tool," said Director Robert S. Mueller, III, "and his finding of deficiencies in our processes is
unacceptable. We strive to exercise our authorities consistent with the privacy protections and civil liberties
that we are sworn to uphold. Anything less will not be tolerated. While we’ve already taken some steps to
address these shortcomings, I am ordering additional corrective measures to be taken immediately," Mueller
said.
Importantly, the OIG found no deliberate or intentional misuse of authorities, whether NSL statutes or Attorney
General Guidelines. Nevertheless, the OIG review identified several areas of inadequate auditing and
oversight of these vital investigative tools, as well as inappropriate processes, and these are findings of
significant concern.
As a result, Director Mueller is implementing reforms to the process designed to correct those deficiencies
identified – with accountability. Those steps include strengthening internal controls, changing policies and
procedures to improve oversight of the NSL approval process, barring certain practices identified in the
Inspector General’s report, and ordering an expedited inspection.
The FBI will work together with DOJ’s National Security Division and the Privacy and Civil Liberties Office to
implement these reforms. Throughout this process, the FBI will continue to work closely with the OIG to gauge
progress and consider any additional reforms.
In its review, the OIG took into consideration the environment in which the Bureau has functioned over the last
five years. Since September 11, 2001, as the report noted, the FBI has undergone major reorganization. The
men and women of the Bureau's Counterterrorism Division, in particular, have carried an extraordinary
workload, transforming operations while working at a breakneck pace protect Americans. The OIG also
recognized the importance of NSLs, citing a number of instances in which they have been used by the FBI to
gather the basic building blocks of its counterterrorism and counterintelligence investigations.
The deficiencies identified, however, require the FBI to redouble its efforts to ensure we do not repeat the
mistakes in the use of these authorities, however lacking in intent. Any report of possible violations of legal
authorities will continue to be carefully reviewed, and, if warranted, referred to the appropriate entities. If we
determine that we obtained any information to which we were not legally entitled, whether due to FBI or third-
party error, that information will be sealed, sequestered, and where appropriate, destroyed. In addition,
employee conduct related to these violations will be reviewed and, if appropriate, employees will be
disciplined.
The OIG report made ten recommendations in response to its findings, designed to provide both the
necessary controls over the issuance of NSLs and the creation and maintenance of accurate records. Director
Mueller assured the Inspector General, in a detailed response included in the report, that the FBI fully
supports each recommendation.
The FBI concurs with the Inspector General that, when implemented, these reforms can improve the accuracy
of the reporting of the use of NSLs and ensure compliance with the requirements governing their use. Along
with those already put in place, these reforms will ensure full compliance with both the letter and the spirit of the
authorities entrusted to the Bureau, and will strengthen the process, alleviate concerns, and ensure the
confidence of the Congress and the American public, while allowing the FBI to continue to protect the nation
from those who would do us harm.