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Audit Finds FBI Abused Patriot Act 341

happyslayer writes to mention that according to Yahoo! News a recent audit shows that the FBI has improperly and in some cases illegally utilized the Patriot Act to obtain information. "The audit by Justice Department Inspector General Glenn A. Fine found that FBI agents sometimes demanded personal data on individuals without proper authorization. The 126-page audit also found the FBI improperly obtained telephone records in non-emergency circumstances. The audit blames agent error and shoddy record-keeping for the bulk of the problems and did not find any indication of criminal misconduct. Still, 'we believe the improper or illegal uses we found involve serious misuses of national security letter authorities,' the audit concludes."
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Audit Finds FBI Abused Patriot Act

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  • by CyberLord Seven ( 525173 ) on Friday March 09, 2007 @04:38PM (#18293596)
    Seems fitting.

    I guess, maybe we can't trust those in power.

    Welcome back, Tricky Dick!

  • Our Freedoms? (Score:5, Interesting)

    by Kozar_The_Malignant ( 738483 ) on Friday March 09, 2007 @04:43PM (#18293668)
    According to GW Bush, "They hate our freedoms." [whitehouse.gov] I guess he figures if we get rid of our freedoms, they'll quit hating us. Nothing else makes much sense.
  • Re:oblig (Score:2, Interesting)

    by Anonymous Coward on Friday March 09, 2007 @04:45PM (#18293698)

    The Constitution was not made to protect criminals but to prevent the Government from becoming criminals.

    That's so wrong I'm not even sure it's not sarcasm. I think what you meant was:

    The constitution was not intended to allow ordinary people to do bad things to each other without fear of consequences but to prevent people holding positions of power in the government from doing bad things to ordinary people.

    In case you're still not understanding, remember that it is the people who hold power in the government (a.k.a. "the Government") who ultimately determine who is and who is not a "criminal".

  • So, Sweden (Score:4, Interesting)

    by apexcp ( 931320 ) on Friday March 09, 2007 @04:48PM (#18293764)
    So all the people who regularly point out how much "better" a society Sweden is than the US, either have to: - entirely backtrack - agree that domestic surveillance really ISN'T that big a deal - just be hypocrites. (grabs some popcorn) OK, let's start discussing!
  • by CyberLord Seven ( 525173 ) on Friday March 09, 2007 @04:51PM (#18293802)
    Ain't that the truth. I was surprised to learn earlier this week that Rumsfield and Cheney were both in the Nixon Whitehouse.
  • Re:Accountable? (Score:3, Interesting)

    by amRadioHed ( 463061 ) on Friday March 09, 2007 @04:58PM (#18293888)
    I guess it's kinda like the way Rumsfeld took responsibility for the prisoner abuse in Abu Ghraib.
  • Define abuse...? (Score:5, Interesting)

    by raehl ( 609729 ) <(moc.oohay) (ta) (113lhear)> on Friday March 09, 2007 @05:36PM (#18294332) Homepage
    Not all abuse is the same, and we should be clear here as to what the FBI actually did and didn't do. A good analogy here is that an FBI agent using their service firearm to unjustly shoot and kill a civilian is different from FBI agents failing to keep track of which agents have which guns and make sure they return them when they leave the agency. One case you expect criminal prosecution and the other case you'd expect some administrative action.

    Same here. No one is alleging that the FBI used these Patriot Act powers outside of their intended purpose. What the FBI didn't do, that they should have, was properly account for the letters they did use, specifically, properly count the number used, and properly follow up with the recipients of the letters.

    So yes, if FBI agents were using this power to get information that the law was not designed for them to get, then I'd expect criminal prosecution. But, as it appears is the case, the FBI just didn't properly ACCOUNT for the letters they did use, an administrative penalty seems perfectly sufficient to address the problem.

    That all, of course, is separate from the issue of whether this law should exist at all (it shouldn't).
  • As if this is news. (Score:5, Interesting)

    by Grendel Drago ( 41496 ) on Friday March 09, 2007 @05:51PM (#18294520) Homepage
    As by meringuoid said more than a year ago: [slashdot.org]

    A helpful guideline: Whenever a controversial law is proposed, and its supporters, when confronted with an egregious abuse it would permit, use a phrase along the lines of 'Perhaps in theory, but the law would never be applied in that way' - they're lying. They intend to use the law that way as early and as often as possible.
  • by M_Cheevy ( 629827 ) on Friday March 09, 2007 @05:51PM (#18294526)
    There is a way to smack them other than criminal charges. Unless it was repealed during the post 9/11 orgy of civil rights abuses, Section 1984 of Chapter 15 of the US Code states that a government official is personally financially responsible for double damages if they violate the civil rights of a citizen. This probably came out of the 60s Civil Rights movement to prevent southern officals from keeping blacks out of the voting booths -- a necessary thing at the time. Now it can be used to protect people against abuses of the Patriot Act -- but only if they know they've been victimised.
  • by HermMunster ( 972336 ) on Friday March 09, 2007 @06:03PM (#18294634)
    And you want to tell me how over 140,000+ people were suspected of terrorism or affiliated to it, in the USA?
  • by Master of Transhuman ( 597628 ) on Friday March 09, 2007 @06:27PM (#18294946) Homepage
    Sibel Edmonds, while employed at the FBI as a translator, determined that the FBI employed spies for various Turkish organized crime groups as translators who concealed important evidence in FBI investigations.

    She further discovered that "senior elected US officials" were implicated by these documents in direct involvement with organized crime groups in the Middle East and Turkey involved in drugs, arms smuggling, and the nuclear materials black market. These same people were involved with the outing of CIA covert agent Valerie Plame Wilson, apparently for the purpose of protecting these same organized crime groups which Plame's covert operation was investigating. (Marc Rich, the alleged "money man" for some of these organizations, was a client of "Scooter" Libby at one time.)

    For these discoveries, she was fired and gagged by a direct order from the DoJ from ever discussing these matters with anyone not in the US Senate with a security clearance. So far, no one in the US Senate has had the balls to come forward and request the details.

    When I was arrested by the FBI, I was presented with a document they requested me to sign before interrogation. The document expressly stated that I would waive all rights to an attorney before questioning. I pointed this out to the agent. He said, "No, it doesn't mean that." I pointed out that I could read and understand English perfectly well, and there was no caveat whatsoever anywhere on that paper that said anything other than that I waived all rights to an attorney.

    I refused to sign. They stomped off. My Miranda rights were secured.

    Anybody who thinks the FBI adheres to ANY form of "rule of law" is living in a dream world.

    Such people need to look at the Federal court decisions that ruled that the FBI engaged in YEARS of illegal "black bag" jobs and other illegal operations against the American Indian Movement.

    Such people need to look back at the 1960's when the FBI printed up posters of Abbie Hoffman and other activists of Jewish background accusing them of being Jews who were racist against blacks and had these posters plastered all over black neighborhoods in Harlem and elsewhere.

    Such people need to look at the case of the Federal prison inmate who was beaten to death in the Oklahoma City transit center by two Bureau of Prisons correctional officers. The Oklahoma coroner had to get a court order to be allowed in to investigate the case. The FBI was called. One of the agents took the bloodstained garments of the prisoner, threw them in the trunk of his car and drove around with them, destroying their value as evidence, until he eventually complained to his supervisor that they were stinking up his car.

    The FBI are the scum of the earth. The only lower scum are Bureau of Prisons correctional personnel. In fact, this is being detrimental to the reputation of earth scum to put these people on the same level.

  • Re:Define abuse...? (Score:3, Interesting)

    by Score Whore ( 32328 ) on Friday March 09, 2007 @06:49PM (#18295178)
    What should be worrying you is not which FBI agents are improperly access information, but rather which private investigators are pretending to be FBI agents and submitting national security letters to get information for use in civil proceedings. With a paragraph attached informing the bank, telco, whatever that discussing the letter will result in jail or significant fines. Nobody is even aware that these things are being passed around. The FBI doesn't hear because the banks aren't talking, as required by the law.
  • by sgt_doom ( 655561 ) on Friday March 09, 2007 @07:47PM (#18295700)
    A most excellent point you make, Good Citizen brian0918. One might suggest that the FBI didn't intentionally break the law when they did that false op a year or so ago against Scott Ritter (the one falsely accusing him of child molestation; the case being quickly thrown out of a federal court and the FBI receiving yet another - among thousands - serious rebuke from the judge); nor did the FBI intentionally break the law when the FBI did that false op against the Reverend Martin Luther King (where they tried to destroy his family and reputation, etc.); nor did they intentionally break the law when certain FAA tapes were illegally destroyed covering aspects of FAA communications on that day of 09/11/01; nor did they intentionally break the law when an assassination team (which is cutely now referred to as a Hostage-Rescue team) to destroy Randy Weaver and his family (unfortunately his wife and child and dog were gunned down, but the remaining people were saved by the arrival of one feisty Wyoming lawyer who brought a gaggle of news reporters with him; nor did they intentionally break the law when an FBI team supposedly believed they were running a Chinese double agent, when in fact, said Chinese double agent (an attractive lady if news reports were accurate) was in fact running that pitable FBI counter-intel team; nor did they...Geez, one could go on forever in this vein.....
  • by sumdumass ( 711423 ) on Saturday March 10, 2007 @12:47PM (#18300306) Journal
    I can attest to this. It is how they cover their own ass. And I had some problems that linked directly to this.

    SKipping over the details a bit for times sake, I was arested for something I didn't do, held overnight and filed a complaint directly after my release. The officer who wrote the report out was going on vacation the day I was released and he didn't have it finished. So he handed it over to another who worte one or two lines and signed it. MY complaint trigured the watch commander to make all of the officers on the scene write detail acounting's of what happended. The officer who went on vacation did his in the morning before leaving and mailed it in while the other five officers sat in a room and colaborated everything.

    The difference was black and white. On one hand, you had reports that I stormed the officers and he put up his hands to say stop and I fell into them stumbling to the ground. In the officer on vacation's report, the officer told me to stand against the wall and when I didn't the other officer pushed me against it and after my head struck the brick wall, I pulled my hands to my head wich look as if i was going to strike him, so the officer then threw me to the ground in a headlock. My acounting of events was that after leaving a nightclub because the music as too loud and the speakers were poping and hissing, an officer was saying something and I couldn't hear him. So i started getting closer to him when he threw me agaist the wall and then draged me to the ground.

    In court, it was four people saying one thing, ME saying something else and this officer who went on vacation supporting bits and pieces of both our stories. The judge asked to see me, my lawer, the one officer and the DA in private. In there he told us we better strike a deal before this goes any further. After refusing to cop to a plea, I was finaly offered all charges being droped if i signed a statment that I wouldn't sue the city, police, these officers or anyone associated with them about this particular incident.

    So yes, It goes on and it is propbably something more often then not. But if the FBI has a record of this being used in an illegal way, then the cops lieing shouldn't be a factor in it. And BTW, there are ways to charge officers who break the law. Look at the border patrol agents in jail right now. And ever normal person would think they were just doing their job when whatever happened to put them in prison.
  • by Copid ( 137416 ) on Saturday March 10, 2007 @04:39PM (#18301652)
    I don't doubt for a minute that there are very dangerous people out there who would like nothing more than to kill Americans. What I doubt is that the government needs the types of power it has been demanding in order to mitigate the threat. I'm more than willing to allow the government to tap my phone, for example, provided they have probable cause and get a warrant to do it. In fact, I'm willing to go with the FISA rules that allow a warrantless tap of my phone for a short time as long as they have to go before a judge to get a retroactive warrant and go on record with another branch of government as having tapped my phone.

    What I'm not OK with is broad, sweeping police powers with little or no oversight. I don't think that there has ever been a time in history when a government with those types of powers didn't abuse them. There's a reason we involve two branches of government with search and seizure or wire tapping, and it's not just to get second opinion. The fact is, if one person or organization has the power to tap your phones or go through your bank records or search your house without having to justify it to anybody, they'll eventually start doing it for less than justifiable reasons.

    "I thought he was involved with terrorism" eventually becomes "He was involved in organized crime" which becomes "We thought he might be committing mail fraud" which becomes "We thought he used pot" which eventually becomes "He's a member of the opposition party" or "I want to date his wife, so I'll try to ruin their marriage by digging up dirt on him." With nothing to stop them, there's no reason to think they'll stop at legitimate police action. I accept that the government has the right to search me, try me, deprive me of property, and even execute me as long as they do it for justifiable reasons that are accepted by a demonstrably neutral party. As for acting on their own with no checks and balances, I have a hard time even accepting the idea that we let them use scissors.

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