An internal FBI audit has found that the bureau potentially violated the law or agency rules more than 1,000 times while collecting data about domestic phone calls, e-mails and financial transactions in recent years, far more than was documented in a Justice Department report in March that ignited bipartisan congressional criticism.
The new audit covers just 10 percent of the bureau’s national security investigations since 2002, and so the mistakes in the FBI’s domestic surveillance efforts probably number several thousand, bureau officials said in interviews. The earlier report found 22 violations in a much smaller sampling.
I just don’t understand how people can still claim that there are “no victims” of the Patriot Act.
“The vast majority of the new violations were instances in which telephone companies and Internet providers gave agents phone and e-mail records the agents did not request and were not authorized to collect. The agents retained the information anyway in their files, which mostly concerned suspected terrorist or espionage activities.”
“Officials cited as an example the retention of an extra month’s phone records, beyond the period specified by the agents.”
Horrors. The FBI got files they didn’t ask for and kept copies of everything they received. How could such an outrage happen?
**An internal FBI audit has found that the bureau potentially violated the law or agency rules more than 1,000 times while collecting data about domestic phone calls, e-mails and financial transactions in recent years, far more than was documented in a **Justice Department report in March that ignited bipartisan congressional criticism.
The FBI ‘‘potentially’’ violated the law (which law?) or agency rules (which rules? Did someone forget to sign the inventory sheet to check out the cell phone tracking equipment for the week, or file a required memo within a required time limit?) more than 1,000 (how many different ‘‘victims’’ are there in this potential 1000 times? Do any of the potential 1000 times involve U. S. citizens not suspected of terrorist acts?) times while collecting domestic phone calls, e-mails, and financial transactions in recent years. There are too many if’s and but’s in this story for me to get worried about it. We are in fact talking about humans afterall; therefore, there will be mistakes in every situation. But this is the FBI, which makes me laugh hysterically!!
I take it you didn’t even read the linked article? Par the course really. No worries, I’ll copy the breaking the law part for you.
“But two dozen of the newly-discovered violations involved agents’ requests for information that U.S. law did not allow them to have, according to the audit results provided to The Washington Post. Only two such examples were identified earlier in the smaller sample.”
“The FBI also found that in 14 investigations, counterintelligence agents using NSLs improperly gathered full credit reports from financial institutions, exercising authority provided by the USA Patriot Act but meant to be applied only in counterterrorism cases. In response, the bureau has distributed explicit instructions that “you can’t gather full credit reports in counterintelligence cases,” a senior FBI official said.”
“In 10 additional investigations, FBI agents used NSLs to request other information that the relevant laws did not allow them to obtain. Officials said that, for example, agents might have requested header information from e-mails – such as the subject lines – even though NSLs are supposed to be used to gather information only about the e-mails’ senders and the recipients, not about their content.”
“The FBI audit also identified three dozen violations of rules requiring that NSLs be approved by senior officials and used only in authorized cases. In 10 instances, agents issued National Security Letters to collect personal data without tying the requests to specific, active investigations – as the law requires – either because, in each case, an investigative file had not been opened yet or the authorization for an investigation had expired without being renewed.”
This is just terrible. The FBI is now in possession of extra months of phone records, and even some credit reports they shouldn’t have. It is OK if the phone company and the credit bureaus have this information, but not the FBI.
I think we need to shut that agency down. This is awful.
Do you routinely send your credit reports to the FBI? Who knows they may need the information sometime in the future and since you don’t seem to care that they get the information illegally then you are probably just providing them with that information. How helpful you are.
Tyrius, I am agreeing with you. This is a rogue agency. The simple fact that all this came out in response to their own internal investigation which they made public makes it all even worse.
I think we need to shut down all phone companies and credit agencies that incorrectly sent the FBI this information. If these companies are willing to violate the public trust in such a manner, they don’t deserve to operate. If that means we all must go without phones until new, more ethical companies take their place, so be it.
Further, any FBI agent that received this information and didn’t delete it without reading it needs to be dismissed or maybe even prosecuted. I really don’t want to hear any excuses about not being able to delete data he shouldn’t have had without first reading it so as to identify it either.
Abuses like this, if left unchecked, will put us on the slippery slope to random interrogation and torture of innocent citizens.
“The vast majority of the new violations were instances in which telephone companies and Internet providers gave agents phone and e-mail records the agents did not request and were not authorized to collect. The agents retained the information anyway in their files, which mostly concerned suspected terrorist or espionage activities.”
“Officials cited as an example the retention of an extra month’s phone records, beyond the period specified by the agents.”
Horrors. The FBI got files they didn’t ask for and kept copies of everything they received. How could such an outrage happen?
I take it you didn’t even read the linked article? Par the course really. No worries, I’ll copy the breaking the law part for you.
I did read the article, but you are welcome to believe whatever you wish.
According to the article and especially the sections you quouted, there were 14 counterintelligence investigations that the FBI exercised authority provided by the Patriot Act but meant to be applied only in counterterrorism cases. Is that an FBI policy or a violation of the law? I ask because no one seems to be seeking prosecution if in fact the law was violated.
The other statements refer to ‘‘relevant laws’’ but do not specify which ones.
Do you think that without the Patriot Act and related data mining operations that a telecom or a credit company would “mistakenly” send individual’s personal or confidential information to the FBI?
Sure it would. Phone, email, and financial records usually only require a subpoena. The Patriot Act might expedite the process and give administrative subpoena authority to some federal LE agencies, but the ability to obtain these records have been around for a long time and the ability to receive too much information, not enough information, or erroneous information has always and will always be there.
Do you mean other laws can get misapplied too, like rape laws and murder laws? I was ticketed for doing 88 mph a few months ago when I was on cruise control at 75 in a 70 mph zone. Should we get rid of those laws too?
Although in the case of mistakes with those laws people just get fined or put in jail or subject to malicious prosecution though. Not something serious like an extra month of your phone bill sitting on an FBI computer somewhere.
Color me dubious. I know that these records are obtainable, but subpoenas are narrowly crafted and do not typically seek the volumes of records at issue here. Not to mention that if you do receive materials by mistake, you typically return or destroy it.
So let’s see, before it was that there was nothing wrong and no one had rights violated. Now, apparently, you are saying that you can’t make an omelette without breaking some eggs. Nice. And typical. You remain king of the apologists.
Yes, you are correct. But color me dubious as well as I couldn’t help but notice your use of the word ‘‘typically.’’ Are you saying that the allegations made in the article are now the norm? Or would you say that ‘‘typically’’ the FBI follows the law and established procedures in its use of the Patriot Act to gain access to phone, email, and financial records?
I would say that the large number of records sought in the context of the Patriot Act is typical–i.e. they are looking at and for large volumes of information. Accordingly, the potential for “mistakes” is multiplied significantly.
I would not say that the FBI typically violates the law. However, I believe that the Patriot Act makes that issue much more prevalent…
" So let’s see, before it was that there was nothing wrong and no one had rights violated."
How can you possibly say that? I thought there were all sorts of inequities in the justice system, with women and minorities affected most of course.
I am really glad to hear that all the laws before the Patriot Act worked so perfectly. I am scratching my head over that speeding ticket and the Duke rape case though, since I thought they were examples of law enforcement misfiring. Apparently not.
…my serious question…and yup, I’m ready to get flamed – ok, so laws may have been broken by obtaining/storing these records – the question…but where’s the “harm”?? – that is, what happened to the “victims” - how were they injured by these acts??
…I’m not saying that what was done is justifiable or legit…but it doesnt necessarily invalidate all patriot act points?
Just asking…partially beacause I really am curious…partially beacause I dont have strong feelings either way about the issue…
