FBI Use of NSLs Disregards Privacy Rights
Under the Bush administration, the FBI is an integral part of the sweeping anti-Constitution, surveillance state of this regime.
However, there are groups that are fighting against this wholesale invasion and violation of privacy rights.
As reported in the Washington Post, "The FBI has withdrawn a secret administrative order seeking the name, address and online activity of a patron of the Internet Archive after the San Francisco-based digital library filed suit to block the action.
"It is one of only three known instances in which the FBI has backed off from such a data demand, known as a "national security letter," or NSL, which is not subject to judicial approval and whose recipient is barred from disclosing the order's existence.
"NSLs are served on phone companies, Internet service providers and other electronic communications service providers, but because of the gag order provision, the public has little way to know about them. Their use soared after the September 2001 terrorist attacks, when Congress relaxed the standard for their issuance. FBI officials now issue about 50,000 such orders a year.
"The order against the Internet Archive was served Nov. 26, and the nonprofit challenged it based on a provision of the reauthorized USA Patriot Act, which protects libraries from such requests. The privacy advocacy group Electronic Frontier Foundation represented the archive in the suit, which was joined by the American Civil Liberties Union.
"The archive also alleged that the gag order that accompanied the data demand violated the Constitution.
"Every time an NSL has been challenged in court, the FBI has backed off, said Melissa Goodman, an ACLU staff attorney. 'That calls into question how much the FBI needed the information in the first place, and finally, whether the FBI needs this kind of sweeping and unchecked surveillance power.' (Underline added.)
"Under a law enacted in 1986 and modified several times, national security letters may be issued to obtain "subscriber information," "toll billing records information" and e-mail transactional records, but not content. The Justice Department inspector general has documented cases in which providers have supplied more information than was requested, including content.
"A bipartisan bill in the House would restore the requirement that NSLs could be used only to collect information that pertains to "a foreign or agent of a foreign power" and would limit the gag order to 30 days, unless a court authorized an extension."
The NSL's are another example of the Bushite Orwellian surveillance state running amok that disregards privacy rights and must be reviewed, changed, or repealed by a strong Democratic majority Congress and a Democratic president.
However, there are groups that are fighting against this wholesale invasion and violation of privacy rights.
As reported in the Washington Post, "The FBI has withdrawn a secret administrative order seeking the name, address and online activity of a patron of the Internet Archive after the San Francisco-based digital library filed suit to block the action.
"It is one of only three known instances in which the FBI has backed off from such a data demand, known as a "national security letter," or NSL, which is not subject to judicial approval and whose recipient is barred from disclosing the order's existence.
"NSLs are served on phone companies, Internet service providers and other electronic communications service providers, but because of the gag order provision, the public has little way to know about them. Their use soared after the September 2001 terrorist attacks, when Congress relaxed the standard for their issuance. FBI officials now issue about 50,000 such orders a year.
"The order against the Internet Archive was served Nov. 26, and the nonprofit challenged it based on a provision of the reauthorized USA Patriot Act, which protects libraries from such requests. The privacy advocacy group Electronic Frontier Foundation represented the archive in the suit, which was joined by the American Civil Liberties Union.
"The archive also alleged that the gag order that accompanied the data demand violated the Constitution.
"Every time an NSL has been challenged in court, the FBI has backed off, said Melissa Goodman, an ACLU staff attorney. 'That calls into question how much the FBI needed the information in the first place, and finally, whether the FBI needs this kind of sweeping and unchecked surveillance power.' (Underline added.)
"Under a law enacted in 1986 and modified several times, national security letters may be issued to obtain "subscriber information," "toll billing records information" and e-mail transactional records, but not content. The Justice Department inspector general has documented cases in which providers have supplied more information than was requested, including content.
"A bipartisan bill in the House would restore the requirement that NSLs could be used only to collect information that pertains to "a foreign or agent of a foreign power" and would limit the gag order to 30 days, unless a court authorized an extension."
The NSL's are another example of the Bushite Orwellian surveillance state running amok that disregards privacy rights and must be reviewed, changed, or repealed by a strong Democratic majority Congress and a Democratic president.
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