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FBI Widens Use of National Security Letters 379

An anonymous reader writes "The Washington Post reports that the FBI has drastically increased its use of National Security Letters (NSL), which permit it to collect information without judicial oversight. According to the article, the use of NSLs is up by a factor of 100, and the records are kept forever (in the past they were thrown away if the subject was cleared). Deep in the article, the author reports that NSLs were used to collect records '[...] of every hotel guest, everyone who rented a car or truck, every lease on a storage space, and every airplane passenger who landed in [Las Vegas]' for a two week period, in response to a terrorism threat in 2003. Those records, apparently, will be kept forever by the federal government. There's an ombudsman, and a procedure to resolve complaints, but the mere existence of an NSL is secret, so it's not clear how anyone can complain!
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FBI Widens Use of National Security Letters

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  • Re:Tourisme (Score:1, Interesting)

    by Anonymous Coward on Sunday November 06, 2005 @04:45PM (#13964523)
    yes, I wanted to emigrate there. however north korea sounds like a more liberal, safer place to me.

    seriously, I'm considering emigrating from the UK, as we're getting some similar nasty laws, we're just a few years behind the US.
  • Who cares? (Score:1, Interesting)

    by mozingod ( 738108 ) on Sunday November 06, 2005 @04:51PM (#13964543)
    Yea yea, it's the "gateway drug" and I'm sure they'll use it to pass similar, and worse, laws later on, but does anyone really care about this? I don't. If they want to keep on record that I rented a car and a hotel room for a week in Vegas 3 years ago, kudos to them. I have other things to worry about.
  • Re:Tourisme (Score:5, Interesting)

    by trollable ( 928694 ) on Sunday November 06, 2005 @04:56PM (#13964586) Homepage
    Same here. In fact, I also canceled a trip to a professional conference in S.F last summer. Didn't feel to be tracked (photograph, fingerprints, ...). Better go to china, you just need a visa.
  • by ibn_khaldun ( 814417 ) on Sunday November 06, 2005 @05:02PM (#13964630)
    I'm not sure how reassuring this is, but keep in mind that most reports indicate that the FBI is fabulously inept at analyzing the information that they have already, and this is merely going to further overwhelm them. To be sure, there are genuine civil liberties issues here, but I'd be far more concerned if they were investing the same resources doing things the old-fashioned way (infiltrating groups, hanging out taking notes, reading mail, tapping phones, etc)
  • Want to fix it? (Score:5, Interesting)

    by imunfair ( 877689 ) on Sunday November 06, 2005 @05:03PM (#13964638) Homepage
    Well, in today's present society the first step would be to automate voting, and get rid of the electorate delegates - that would ensure the majority actually does rule (assuming the techonology is implemented correctly).

    Second step would be (this I'm sort of deriving from an article I read) - to send the senators and representatives home, and allow them to use video conferencing instead. I think this would allow more "real" people to eventually get elected - and be *willing* to get elected, since they wouldn't have to move out of their home towns - leaving friends, family, and a sense of what's going on locally in their state behind them.

    On certain issues you could also institute country wide referendums. More technical issues would have to be decided by the senate/house - which is why electing competent people would still be important.

    Last but not least, it might be a good idea to make being a senator/representative a part time job, and let them keep their day jobs. That would keep them in touch with daily life, and also effectively curb the amount of useless legislation that's passed each year. (Along with mitigating the effects of lobbyists - since they wouldn't fear losing their jobs, they would merely be doing a service for their country.)

    Oh, and term limits might also fit into that plan quite well to enforce the idea that "this is not your permanent job".

    Not that the scenario will ever happen in my lifetime without a nation-wide catastrophy or revolt, but it doesn't hurt to throw the ideas out there.
  • Re:Ombudsman? (Score:2, Interesting)

    by penguinrenegade ( 651460 ) on Sunday November 06, 2005 @05:04PM (#13964651)
    Makes you wonder if the Freedom of Information Act applies? Just exactly how long will those letters remain "classified?"
  • Stasi (Score:5, Interesting)

    by Anonymous Coward on Sunday November 06, 2005 @05:27PM (#13964785)
    Wow, does remind me about horrible stories about spying on the people by the Stasi in East Berlin.

    http://en.wikipedia.org/wiki/Stasi [wikipedia.org]

  • Fixing Gov't (Score:5, Interesting)

    by Create an Account ( 841457 ) on Sunday November 06, 2005 @05:36PM (#13964842)
    - that would ensure the majority actually does rule (assuming the techonology is implemented correctly)

    I'm not sure we want the majority to rule. The purpose of a democratic republic is to seat a group of informed representaives.

    make being a senator/representative a part time job, and let them keep their day jobs.

    Nah. People pay attention to where their bowl of rice is coming from. We don't want them paying less attention to their senator/representative job than they already do. This would make them (if possible) even more susceptible to bribes and lobbying.

    term limits might also fit into that plan quite well

    I object to term limits because imagine you have really good representation, a really good, effective member. Couple years, bang! He's fired. Someone new comes in, probably not as good as what you had. I know it's hard to imagine now, but let's don't force good people out of office.

    I think a better start would be to revoke the corporation's right to free speech, and forbid them from contributing to campaigns. Period. Corporations are not people and do not act like people, so we should not let them drive our elections. They are far too able to throw large volumes of cash at election campaigns. They have too much say over how we are governed.

    I also think we should try really hard to break up the power structures in the two big parties. There is such a huge interlocking collection of debts and favors controlling who gets to be a nominee that it is (usually) impossible for anyone fresh and different to get on the ticket. Does anyone really believe that there is nobody in the Republican Party better qualified to lead the US than George W.? Neither party puts forward their best candidate anymore. They put forward the one who best manipulates the existing power structure.

  • Re:Tourisme (Score:1, Interesting)

    by Anonymous Coward on Sunday November 06, 2005 @06:21PM (#13965123)
    "In fact, I also canceled a trip to a professional conference in S.F last summer. Didn't feel to be tracked (photograph, fingerprints, ...). Better go to china, you just need a visa."

    Ditto. My trip to the US was actually to help out the US Airforce with something (defence contractor etc.), so they lost out a little when I said no way, not with the fingerprinting and PATRIOT act and all that
  • Re:Tourisme (Score:4, Interesting)

    by badfish99 ( 826052 ) on Sunday November 06, 2005 @06:43PM (#13965258)
    I remember crossing the "Iron Curtain" back when we were supposed to be permanently 5 minutes away from nuclear war with the countries on the other side of it.

    The guards would just glance at my passport and wave me through. Same coming back.

    So why is it any different now?

  • Re:Sarcasm (Score:3, Interesting)

    by Doc Ruby ( 173196 ) on Sunday November 06, 2005 @06:49PM (#13965285) Homepage Journal
    A statement made 40 years ago by a man shot to death here in NYC by black men working for white conservatives. Nice try on converting the debate on throwing away separation of powers with Alito, a "conservative/religious" mask on a racist corporatist monarchist, into some kind of racist debate about "liberals". Get with the 21st Century, Anonymous Coward: all those labels have joined forces against the people, and we've all got the same crosshairs on us as Malcolm did.
  • Re:this isn't cancer (Score:5, Interesting)

    by rkcallaghan ( 858110 ) on Sunday November 06, 2005 @07:36PM (#13965522)
    No, but when you add up the $100,000+ treatment costs of the millions of uninsured Americans who do get cancer that the government pays... well, guess what? Billions of dollars.

    I am a full time student and uninsured. I pay my taxes, in full, on time, every year. I am an American Citizen and have been for all of my 25 years on this earth. I have no criminal record of any kind.

    My foot is currently broken, and I believe I have established that I am both 'uninsured' and an 'American' (one in good standing, too). I do not have the resources to pay for X-Rays, Doctors, a Cast, or possible therapy. How can I get the government to pay for my treatment?

    Oh yea, I can't, because we're the only country in the world where our government sponsored healthcare only helps non-Americans, such as illegal immigrants and Iraqis. I've tried, I can't get shit for myself. I would be more than happy for you to prove me wrong, because a cast really would be nice.

    ~Rebecca
  • by Fallingcow ( 213461 ) on Sunday November 06, 2005 @07:37PM (#13965532) Homepage
    Er, did you read my post? The anthrax thing was AFTER 9/11. So were the DC shootings. Let me bold that for you: THEY WERE TERRORIST ATTACKS THAT HAPPENED AFTER 9/11.

    And I just looked it up: the "smiley face bomber" was also after 9/11. 2002, in fact.

    So there HAVE been terrorist attacks within the US borders since 9/11. Several, in fact.

    Now, there HAVE NOT been any foreign-created attacks (well, the Anthrax may have been, who the hell knows, since the government seems to have stopped caring about that) since 9/11, but the gap between the last two attacks by Al Qaeda was 8 years. It has only been 4 years since the second one, so if they have the same gap this time, it won't be 'till after the next presidential election that we get hit again. So, without changing anything or taking any special action after 9/11, the president should have been able to get 8 years without attacks anyway.

    AND AGAIN, this is all using the previous Al Qaeda attacks in the US as a model for predicting future ones, and since there have only been 2, it's hard to say anything based on that.

    In other words, saying "the president's doing such a good job because there havn't been any attacks since 9/11!" is dumb by any standard, even based on the little bit of data that we do have; conversely, EVEN IF we had an attack tomorrow, it'd be only slightly less silly to say that that was evidence of him doing a bad job. It's a poor metric by which to measure performance, without other data sets to support it.

    The "fighting them over there instead of over here" thing is one of the dumbest mantras to come out of the right in the past few years, and that's saying a lot. Odds are, we wouldn't be fighting them over here anyway, at least not any more so than we had been before 9/11. Putting the money from Iraq into investigations and law enforement would have taken a bigger bite out of real terrorist threats than the war has, by an order of magnitude, and probably resulted in a net gain in the "loss of US life" category, given how many US citizens (not just soldiers) have died in Iraq. Putting that money into research for treatments and cures for cancer and heart disease would likely have saved more lives than either of the other options.
  • by Anonymous Coward on Sunday November 06, 2005 @09:57PM (#13966306)
    I wonder if our policital leaders can be sued out of office based on violation of contract to represent the people. I mean, isn't that what it is, a contract, especially considering we live in such a litigious and capitalistic society?
  • Re:Tourisme (Score:4, Interesting)

    by zx75 ( 304335 ) on Sunday November 06, 2005 @10:01PM (#13966334) Homepage
    I'm in the same boat, at one time I thought it would be inevitable that to find a good paying job as a software developer I would have to move to the US. But, things changed and I have a great job with good enough pay here in Canada, and I haven't even visited the states since April 2001 even though I had an Aunt & Uncle just living 4 hours down the road in Detroit.

    As well, another aunt & uncle got kicked out of the US when the government refused to renew my uncle's visa despite possessing a pretty unique skill, being steadily employed by the same company for 30 years, and having lived in the states for at least the last 5. Now he has to travel from Canada to the US every week or two for work.

    At one time my parents used to drive to Grand Forks North Dakota once a year to go shopping, now I wouldn't set foot in the country unless I was passing through to Mexico or the Bahamas, or on a business trip. The uncle who is American, has been interrogated on his way back into the US on at least one occasion, worst I've ever had going through customs in my own country is being asked if I had any foreign fruits or veggies in my bag.
  • by Anonymous Coward on Monday November 07, 2005 @01:17AM (#13967207)
    Congress should initiate a data analysis of the following:
    • The number and nature of NSLs issued,
    • The "probable cause" for each NSL,
    • The collected information,
    • The consequent utility of the collected information, including:
      • indictments resulting from each NSL,
      • foils (of terroristic or illegal activity) resulting from each NSL

    • The potential dollar cost of damage done by execution of the NSL (exposure of embarrassing information, etc.),
    • The potential dollar benefit of execution of the NSL,

    Note that the purpose of the law allowing NSLs was to foil terroristic activities, not to deter crime per se. Use of NSLs for criminal prosecution is IMO illegal as the law is defined. That is the reason why the above numbers on criminal indictments versus foils should be collected - to determine if the law is being abused to make criminal prosecution easier rather than to pursue terroristic threats.

    The above statistics could help in analysis of the effectiveness of NSLs vis-a-vis subpoenas, search warrants, and other legal instruments. Such statistics may indicate that a given legal instrument is ineffective and therefore, although it appears useful, is truly not so.

    IOW I would like to see statistical proof that NSLs are a useful legal instrument for fighting terrorism and not merely legal instruments that will be abused by some later administration with consequent loss of our civil rights.

    My personal belief is that NSLs are ineffectual and serve primarily as a distraction (and a huge waste of effort) from the FBI's proper role in law enforcement. Certainly there is an argument to be made for the use of legal instruments such as NSLs in a domestic counter-terrorism organization (such as MI-5 of England) but, since the USA has no such organizations (the FBI being relegated by law to pursuit of only criminal indictments, the CIA to purely foreign operations, and NSA et al restricted from domestic operations) I do not see a proper place for NSLs in the current legal structure. Consequently NSLs will eventually be defined as illegal by the courts. Unfortunately this is a very slow process.
    -xeo_at_thermopylae

One man's constant is another man's variable. -- A.J. Perlis

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