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The Washington Post has the scoop
on the scope of the government's expanding use of "National Security
Letters", a warrantless demand for business records (up to, and
including, library records): The FBI now issues more than 30,000 national security letters a
year, according to government sources, a hundredfold increase over
historic norms. The letters -- one of which can be used to sweep up the
records of many people -- are extending the bureau's reach as never
before into the telephone calls, correspondence and financial lives of
ordinary Americans.
Issued by FBI field supervisors, national
security letters do not need the imprimatur of a prosecutor, grand jury
or judge. They receive no review after the fact by the Justice
Department or Congress. The executive branch maintains only statistics,
which are incomplete and confined to classified reports. The Bush
administration defeated legislation and a lawsuit to require a public
accounting, and has offered no example in which the use of a national
security letter helped disrupt a terrorist plot.
The burgeoning
use of national security letters coincides with an unannounced decision
to deposit all the information they yield into government data banks --
and to share those private records widely, in the federal government
and beyond. In late 2003, the Bush administration reversed a
long-standing policy requiring agents to destroy their files on
innocent American citizens, companies and residents when investigations
closed. Late last month, President Bush signed Executive Order 13388,
expanding access to those files for "state, local and tribal"
governments and for "appropriate private sector entities," which are
not defined. Hat tip to Reason
for the story. There is no question that we are facing a
substantial threat from the decentralized counterpart of a foreign
intelligence agency. However, without oversight, abuses are
inevitable.
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