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.
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.
In the executive branch, no FBI or Justice Department official audits the use of national security letters to assess whether they are appropriately targeted, lawfully applied or contribute important facts to an investigation.
Justice Department officials noted frequently this year that Inspector General Glenn A. Fine reports twice a year on abuses of the Patriot Act and has yet to substantiate any complaint. (One investigation is pending.) Fine advertises his role, but there is a puzzle built into the mandate. Under what scenario could a person protest a search of his personal records if he is never notified?
"We do rely upon complaints coming in," Fine said in House testimony in May. He added: "To the extent that people do not know of anything happening to them, there is an issue about whether they can complain. So, I think that's a legitimate question."
A national security letter cannot be used to authorize eavesdropping or to read the contents of e-mail. But it does permit investigators to trace revealing paths through the private affairs of a modern digital citizen. The records it yields describe where a person makes and spends money, with whom he lives and lived before, how much he gambles, what he buys online, what he pawns and borrows, where he travels, how he invests, what he searches for and reads on the Web, and who telephones or e-mails him at home and at work.
Barr, the former congressman, said that "the abuse is in the power itself."
"As a conservative," he said, "I really resent an administration that calls itself conservative taking the position that the burden is on the citizen to show the government has abused power, and otherwise shut up and comply."
At the ACLU, staff attorney Jameel Jaffer spoke of "the profound chilling effect" of this kind of surveillance: "If the government monitors the Web sites that people visit and the books that they read, people will stop visiting disfavored Web sites and stop reading disfavored books. The FBI should not have unchecked authority to keep track of who visits [al-Jazeera's Web site] or who visits the Web site of the Federalist Society."
wo years ago, Ashcroft rescinded a 1995 guideline directing that information obtained through a national security letter about a U.S. citizen or resident "shall be destroyed by the FBI and not further disseminated" if it proves "not relevant to the purposes for which it was collected." Ashcroft's new order was that "the FBI shall retain" all records it collects and "may disseminate" them freely among federal agencies.
The same order directed the FBI to develop "data mining" technology to probe for hidden links among the people in its growing cache of electronic files. According to an FBI status report, the bureau's office of intelligence began operating in January 2004 a new Investigative Data Warehouse, based on the same Oracle technology used by the CIA. The CIA is generally forbidden to keep such files on Americans.
Data mining intensifies the impact of national security letters, because anyone's personal files can be scrutinized again and again without a fresh need to establish relevance.
"The composite picture of a person which emerges from transactional information is more telling than the direct content of your speech," said Woods, the former FBI lawyer. "That's certainly not been lost on the intelligence community and the FBI."
Ashcroft's new guidelines allowed the FBI for the first time to add to government files consumer data from commercial providers such as LexisNexis and ChoicePoint Inc. Previous attorneys general had decided that such a move would violate the Privacy Act. In many field offices, agents said, they now have access to ChoicePoint in their squad rooms.
What national security letters add to government data banks is information that no commercial service can lawfully possess. Strict privacy laws, for example, govern financial and communications records. National security letters -- along with the more powerful but much less frequently used secret subpoenas from the Foreign Intelligence Surveillance Court -- override them.
These faggots got everyone's name and info who stayed in fuckin Vegas with no court order - didnt find shit then kept all the information on 1,000,000 people
soviet union or nazi germany?
What Happens in Vegas'
The bureau displayed its ambition for data mining in an emergency operation at the end of 2003.
The Department of Homeland Security declared an orange alert on Dec. 21 of that year, in part because of intelligence that hinted at a New Year's Eve attack in Las Vegas. The identities of the plotters were unknown.
The FBI sent Gurvais Grigg, chief of the bureau's little-known Proactive Data Exploitation Unit, in an audacious effort to assemble a real-time census of every visitor in the nation's most-visited city. An average of about 300,000 tourists a day stayed an average of four days each, presenting Grigg's team with close to a million potential suspects in the ensuing two weeks.
A former stockbroker with a degree in biochemistry, Grigg declined to be interviewed. Government and private sector sources who followed the operation described epic efforts to vacuum up information.
An interagency task force began pulling together the 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 the city. Grigg's unit filtered that population for leads. Any link to the known terrorist universe -- a shared address or utility account, a check deposited, a telephone call -- could give investigators a start.
"It was basically a manhunt, and in circumstances where there is a manhunt, the most effective way of doing that was to scoop up a lot of third party data and compare it to other data we were getting," Breinholt said.
Investigators began with emergency requests for help from the city's sprawling hospitality industry. "A lot of it was done voluntary at first," said Billy, the deputy assistant FBI director.
According to others directly involved, investigators turned to national security letters and grand jury subpoenas when friendly persuasion did not work.
Early in the operation, according to participants, the FBI gathered casino executives and asked for guest lists. The MGM Mirage company, followed by others, balked.
"Some casinos were saying no to consent [and said], 'You have to produce a piece of paper,' " said Jeff Jonas, chief scientist at IBM Entity Analytics, who previously built data management systems for casino surveillance. "They don't just market 'What happens in Vegas stays in Vegas.' They want it to be true."
The operation remained secret for about a week. Then casino sources told Rod Smith, gaming editor of the Las Vegas Review-Journal, that the FBI had served national security letters on them. In an interview for this article, one former casino executive confirmed the use of a national security letter. Details remain elusive. Some law enforcement officials, speaking on the condition of anonymity because they had not been authorized to divulge particulars, said they relied primarily on grand jury subpoenas. One said in an interview that national security letters may eventually have been withdrawn. Agents encouraged voluntary disclosures, he said, by raising the prospect that the FBI would use the letters to gather something more sensitive: the gambling profiles of casino guests. Caproni declined to confirm or deny that account.
What happened in Vegas stayed in federal data banks. Under Ashcroft's revised policy, none of the information has been purged. For every visitor, Breinholt said, "the record of the Las Vegas hotel room would still exist."
Grigg's operation found no suspect, and the orange alert ended on Jan. 10, 2004."The whole thing washed out," one participant said.
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