WASHINGTON--The FBI's use of a Patriot Act provision that lets it make secret requests for subscriber information from Internet service providers drew scrutiny from U.S. senators on Tuesday.
At a wide-ranging oversight hearing convened here by the Senate Judiciary Committee, FBI Director Robert Mueller faced a number of questions from Democrats voicing concern over the scope of the controversial investigative tactic, known as a National Security Letter, or NSL.
Federal law requires communication service providers to provide records about individuals in response to such letters, which do not require the use of a court warrant. Legal challenges to that measure's constitutionality are still pending.
Until recently, recipients of such letters were also not allowed to disclose the FBI's request to anyone. The final Patriot Act reauthorization approved earlier this year loosened those requirements somewhat, allowing recipients to appeal the requests to a court and to seek legal advice.
On Friday, the Justice Department reported to Congress that it had made 9,254 such requests pertaining to 3,501 "U.S. persons" in 2005, according to a copy of the agency's letter posted at the Federation of American Scientists Web site. A Washington Post report last fall, often cited by politicians dissatisfied with the Patriot Act, pegged the number of letters at 30,000 per year.
Sen. Russ Feingold, a Wisconsin Democrat who has been one of the most vocal critics of the Patriot Act, said Tuesday that the number was "far, far larger" than the number of requests made under Section 215 of the Patriot Act. Sometimes called the "library provision," Section 215 lets investigators obtain business and personal records but first requires a court order and prior approval from top FBI officials.
"I fear the reason might be that in Section 215 they have to go before a judge, and with National Security Letters, they don't," he said.
Mueller said he hadn't given much thought to the disparity. "I'd have to get back to you on that," he told Feingold.
Sen. Richard Durbin, an Illinois Democrat, said he wanted Mueller's assurance that the most recent incarnation of the Patriot Act makes it clear that libraries are generally not considered Internet service providers that would be subject to complying with national security letters.
Library advocacy groups have long voiced concerns over the Patriot Act's potential impact on citizens' privacy and the possibility of its allowing for investigative "fishing expeditions." Durbin and Sen. John Sununu, a New Hampshire Republican, have attempted to clarify that libraries performing their "traditional functions," including providing basic Internet access, would not have to comply with national security letter requests.
Mueller said he'd have to go back and look at the "specific language in the statute," adding, "it's somewhat of a complicated provision, and I want to be precise in my answer to you."
"There is a concern across America and this community...I thought we'd put it to rest," Durbin said. "Now I'm going to have restless nights until you get back to me."
To really talk americans into wanting the Patriot act in it's entirety, all the feds have to do is what they did 4 1/2 years ago, which is let terrorists attack us again.
Between the hackers and the Patriot Act, we have to change how we use the internet to communicate and do business. There are easy to implement email solutions that can maintain your privacy:<a class="jive-link-external" href="http://www.essentialsecurity.com/products.htm" target="_newWindow">http://www.essentialsecurity.com/products.htm</a>
Chinese authorities have reportedly taken iPads from a third-party retailer, a move apparently brought on by Apple's continued refusal to honor a trademark for the iPad name owned by a Chinese manufacturer.
NY professor believes that a word-based algorithm can help bring together those who believe, with one glimpse, that they have found and lost the love of their lives.
After a higher-than-expected fourth quarter, the video subscription service unburdens itself of a pending yearlong class action suit and settles for $9 million.
Along with green-lighting Google's buy of Motorola, the Justice Department today OKs an Apple-Microsoft-RIM partnership deal to buy Nortel patents, and Apple's plan to acquire Novell patents.
Chamtech's spray-on antenna uses a nano material to provide a low-power boost to antenna range. The wireless-in-a-can product may some day bring an end to unsightly cell towers.
This week, we pass around Sony's new PlayStation Vita for some hands-on testing, check out HP's newest Beats Audio laptop, and debate the best and worst Valentine's Day gadget gifts.
EnerG2 opens a plant to make an engineered carbon that will improve performance of energy storage devices and make storage for start-stop hybrid cars less expensive.
Dave
Typical of our ELECTED 'officials', they NEVER do for US, which is what they were ELECTED TO DO!
They work for us, NOT the opther way around!
NAZIS ALL!!
Why is it that only the Democrats are opposing it and not the republicans.
Likewise, the Public Library offers one privacy as for what books they check out, etc.
But Privacy and the Internet are oxymorons. There ain't NO SUCH THING as privacy on the internet! (* LOL *)
Walt