By LARA JAKES JORDAN
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WASHINGTON (AP) - The FBI improperly used national security letters in
2006 to obtain personal data on Americans during terror and spy
investigations, Director Robert Mueller said Wednesday.
Mueller told the Senate Judiciary Committee that the privacy breach by
FBI agents and lawyers occurred a year before the bureau enacted
sweeping new reforms to prevent future lapses.
Details on the abuses will be outlined in the coming days in a report
by the Justice Department's inspector general.
The report is a follow-up to an audit by the inspector general a year
ago that found the FBI demanded personal data on people from banks,
telephone and Internet providers and credit bureaus without official
authorization and in non-emergency circumstances between 2003 and 2005.
Mueller, noting senators' concerns about Americans' civil and privacy
rights, said the new report "will identify issues similar to those in
the report issued last March." The similarities, he said, are because
the time period of the two studies "predates the reforms we now have in
place."
He added: "We are committed to ensuring that we not only get this
right, but maintain the vital trust of the American people."
Mueller offered no additional details. Several other Justice Department
and FBI officials familiar with this year's findings have said
privately the upcoming report will show the letters were wrongly used
at a similar rate as during the previous three years.
In contrast to the outrage by Congress and civil liberties groups after
last year's report was issued, Mueller's disclosure drew no criticism
from senators during just over two hours of testimony during
Wednesday's hearing.
Speaking before the FBI chief, Senate Judiciary Chairman Patrick Leahy,
D-Vt., urged Mueller to be more vigilant in correcting what he called
"widespread illegal and improper use of national security letters."
"Everybody wants to stop terrorists. But we also, though, as Americans,
we believe in our privacy rights and we want those protected," Leahy
said. "There has to be a better chain of command for this. You cannot
just have an FBI agent who decides he'd like to obtain Americans'
records, bank records or anything else and do it just because they want
to."
National security letters, as outlined in the USA Patriot Act, are
administrative subpoenas used in suspected terrorism and espionage
cases. They allow the FBI to require telephone companies, Internet
service providers, banks, credit bureaus and other businesses to
produce highly personal records about their customers or subscribers
without a judge's approval.
The number of national security letters issued by the FBI skyrocketed
in the years after the Patriot Act became law in 2001, according to
last year's report by Justice Department Inspector General Glenn A.
Fine. His review is required by Congress, over the objections of the
Bush administration.
Former FBI agent Michael German, now a national security adviser for
the American Civil Liberties Union, said Mueller's admission that the
bureau violated laws for the fourth year in a row underscores the need
to have a judge sign off on the subpoenas.
"The credibility factor shows there needs to be outside oversight,"
German said after the hearing.
German also cast doubt on FBI reforms to prevent future abuses. "There
were guidelines before, and there were laws before, and the FBI
violated those laws," he said. "And the idea that new guidelines would
make a difference, I think cuts against rationality."
Fine's earlier report, issued March 9, 2007, blamed agent error and
shoddy record-keeping for the bulk of the problems and did not find any
indication of criminal misconduct.
It uncovered thousands of examples of the FBI's failure to properly
report the number of national security letters as required by law. The
2007 report also identified instances where agents did not get proper
authorization or made otherwise improper requests for information from
telephone companies and Internet service providers.
In 2005, for example, Fine's office found more than 1,000 violations
within 19,000 FBI requests to obtain 47,000 records. Each letter issued
may contain several requests. Justice Department and FBI auditors said
last summer that many of the abuses were caused by companies that gave
more information than the FBI sought.
The FBI and Justice Department have since enacted guidelines and
sternly reminded FBI agents to carefully follow the rules governing the
national security letters. They caution agents to review all data
before it is transferred into FBI databases to make sure that only the
information specifically requested is used.
Original
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