The USA PATRIOT Act at work

[link|http://www.washingtonpost.com/wp-dyn/content/article/2005/11/05/AR2005110501366.html|Washington Post]:

Sunday, November 6, 2005; Page A01

The FBI came calling in Windsor, Conn., this summer with a document marked for delivery by hand. On Matianuk Avenue, across from the tennis courts, two special agents found their man. They gave George Christian the letter, which warned him to tell no one, ever, what it said.

Under the shield and stars of the FBI crest, the letter directed Christian to surrender "all subscriber information, billing information and access logs of any person" who used a specific computer at a library branch some distance away. Christian, who manages digital records for three dozen Connecticut libraries, said in an affidavit that he configures his system for privacy. But the vendors of the software he operates said their databases can reveal the Web sites that visitors browse, the e-mail accounts they open and the books they borrow.

Christian refused to hand over those records, and his employer, Library Connection Inc., filed suit for the right to protest the FBI demand in public. The Washington Post established their identities -- still under seal in the U.S. Court of Appeals for the 2nd Circuit -- by comparing unsealed portions of the file with public records and information gleaned from people who had no knowledge of the FBI demand.

The Connecticut case affords a rare glimpse of an exponentially growing practice of domestic surveillance under the USA Patriot Act, which marked its fourth anniversary on Oct. 26. "National security letters," created in the 1970s for espionage and terrorism investigations, originated as narrow exceptions in consumer privacy law, enabling the FBI to review in secret the customer records of suspected foreign agents. The Patriot Act, and Bush administration guidelines for its use, transformed those letters by permitting clandestine scrutiny of U.S. residents and visitors who are not alleged to be terrorists or spies.

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.

Issued by FBI field supervisors, national security letters do not need the imprimatur of a prosecutor, grand jury or judge. They receive no review after the fact by the Justice Department or Congress. The executive branch maintains only statistics, which are incomplete and confined to classified reports. The Bush administration defeated legislation and a lawsuit to require a public accounting, and has offered no example in which the use of a national security letter helped disrupt a terrorist plot.

The burgeoning use of national security letters coincides with an unannounced decision to deposit all the information they yield into government data banks -- and to share those private records widely, in the federal government and beyond. 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.

[...]

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 gathers 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.

As it wrote the Patriot Act four years ago, Congress bought time and leverage for oversight by placing an expiration date on 16 provisions. The changes involving national security letters were not among them. In fact, as the Dec. 31 deadline approaches and Congress prepares to renew or make permanent the expiring provisions, House and Senate conferees are poised again to amplify the FBI's power to compel the secret production of private records.

The House and Senate have voted to make noncompliance with a national security letter a criminal offense. The House would also impose a prison term for breach of secrecy.

(Emphasis added.)

It's a long story and worth a read.

I hope the Democrats (and reasonable Republicans) in the House and Senate demand hearings on this news and consider the apparent ease of use and potential abuse of these national security letters for fishing expeditions.

:-(

Cheers,
Scott.

--\n-------------------------------------------------------------------\n* Jack Troughton jake at consultron.ca *\n* [link|http://consultron.ca|http://consultron.ca] [link|irc://irc.ecomstation.ca|irc://irc.ecomstation.ca] *\n* Kingston Ontario Canada [link|news://news.consultron.ca|news://news.consultron.ca] *\n-------------------------------------------------------------------

Post #232,565 by Another Scott 11/5/05 9:45:08 PM Reply	The USA PATRIOT Act at work [link\|http://www.washingtonpost.com/wp-dyn/content/article/2005/11/05/AR2005110501366.html\|Washington Post]: Sunday, November 6, 2005; Page A01 The FBI came calling in Windsor, Conn., this summer with a document marked for delivery by hand. On Matianuk Avenue, across from the tennis courts, two special agents found their man. They gave George Christian the letter, which warned him to tell no one, ever, what it said. Under the shield and stars of the FBI crest, the letter directed Christian to surrender "all subscriber information, billing information and access logs of any person" who used a specific computer at a library branch some distance away. Christian, who manages digital records for three dozen Connecticut libraries, said in an affidavit that he configures his system for privacy. But the vendors of the software he operates said their databases can reveal the Web sites that visitors browse, the e-mail accounts they open and the books they borrow. Christian refused to hand over those records, and his employer, Library Connection Inc., filed suit for the right to protest the FBI demand in public. The Washington Post established their identities -- still under seal in the U.S. Court of Appeals for the 2nd Circuit -- by comparing unsealed portions of the file with public records and information gleaned from people who had no knowledge of the FBI demand. The Connecticut case affords a rare glimpse of an exponentially growing practice of domestic surveillance under the USA Patriot Act, which marked its fourth anniversary on Oct. 26. "National security letters," created in the 1970s for espionage and terrorism investigations, originated as narrow exceptions in consumer privacy law, enabling the FBI to review in secret the customer records of suspected foreign agents. The Patriot Act, and Bush administration guidelines for its use, transformed those letters by permitting clandestine scrutiny of U.S. residents and visitors who are not alleged to be terrorists or spies. 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. Issued by FBI field supervisors, national security letters do not need the imprimatur of a prosecutor, grand jury or judge. They receive no review after the fact by the Justice Department or Congress. The executive branch maintains only statistics, which are incomplete and confined to classified reports. The Bush administration defeated legislation and a lawsuit to require a public accounting, and has offered no example in which the use of a national security letter helped disrupt a terrorist plot. The burgeoning use of national security letters coincides with an unannounced decision to deposit all the information they yield into government data banks -- and to share those private records widely, in the federal government and beyond. 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. [...] 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 gathers 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. As it wrote the Patriot Act four years ago, Congress bought time and leverage for oversight by placing an expiration date on 16 provisions. The changes involving national security letters were not among them. In fact, as the Dec. 31 deadline approaches and Congress prepares to renew or make permanent the expiring provisions, House and Senate conferees are poised again to amplify the FBI's power to compel the secret production of private records. The House and Senate have voted to make noncompliance with a national security letter a criminal offense. The House would also impose a prison term for breach of secrecy. (Emphasis added.) It's a long story and worth a read. I hope the Democrats (and reasonable Republicans) in the House and Senate demand hearings on this news and consider the apparent ease of use and potential abuse of these national security letters for fishing expeditions. :-( Cheers, Scott.
Post #232,616 by a6l6e6x 11/6/05 4:18:53 PM Reply	Reads like 1984 had been postponed to 2003. Big Brother, eh wot? Alex The trouble with the world is that the stupid are cocksure and the intelligent are full of doubt. -- Bertrand Russell
Post #232,628 by CRConrad 11/6/05 5:21:37 PM Reply	For ten years, the world had only one major police state. Ca 1992 - ca 2002: From the collapse of the Soviet Union to the rise of the American Imperium Corpora-Theocraticum, China was alone in that role. [link\|mailto:MyUserId@MyISP.CountryCode\|Christian R. Conrad] (I live in Finland, and my e-mail in-box is at the Saunalahti company.) Yes Mr. Garrison, genetic engineering lets us correct God's horrible, horrible mistakes, like German people. - [link\|http://maxpages.com/southpark2k/Episode_105\|Mr. Hat]
Post #232,629 by Another Scott 11/6/05 5:26:01 PM Reply	I guess it depends on what you mean by "major". North Korea? But yeah, I get your point. My gut feeling is that the federal government won't be able to keep arguing for things like the USA PATRIOT Act as long as there is not major attack in the US. Even the US Supreme Court has started to reign-in some of the over-reaching by the administration. We'll see. Cheers, Scott.
Post #232,638 by Ashton 11/6/05 5:53:34 PM Reply	Red-State LRPD___It is time for a downsplash!
Post #232,728 by drewk 11/7/05 8:58:32 AM Reply	Of course I have to in the end defer to your arse. === Purveyor of Doc Hope's [link\|http://DocHope.com\|fresh-baked dog biscuits and pet treats]. [link\|http://DocHope.com\|http://DocHope.com]
Post #233,030 by Ashton 11/8/05 2:38:46 PM Reply	Well, yes and no.
Post #233,031 by Another Scott 11/8/05 2:48:45 PM Reply	Ditto. Take them to the cleaner's.
Post #233,032 by admin 11/8/05 3:00:37 PM Reply	Sorry, no can do. Regards, -scott anderson "Welcome to Rivendell, Mr. Anderson..."
Post #233,039 by imqwerky 11/8/05 4:08:30 PM Reply	Mmm... flame-roasted newbie... "It's never too late to be what you might have been." ~ George Eliot
Post #233,046 by Silverlock 11/8/05 4:31:22 PM Reply	I love these out-of-context one-liners. ----------------------------------------- Lying about outing a CIA agent, something that is actually a threat to national security, is first-degree perjury. Lying about a blowjob is....ninth-degree perjury. --Eddie Izzard
Post #233,048 by Another Scott 11/8/05 4:36:05 PM Reply	Send 'em to hell ... ... and bring 'em back when they're black and crispy. That's what I say. Unkanny. Cheers, Scott.
Post #233,053 by a6l6e6x 11/8/05 5:04:23 PM Reply	Do you have any idea how long it takes to roast a whole... human? Alex The trouble with the world is that the stupid are cocksure and the intelligent are full of doubt. -- Bertrand Russell
Post #233,054 by Another Scott 11/8/05 5:06:23 PM Reply	Anything that ugly should die and be eaten at breakfast.
Post #233,077 by inthane-chan 11/8/05 6:36:36 PM Reply	When the pin is pulled, Mr. Grenade is not our friend.
Post #233,078 by jake123 11/8/05 6:37:35 PM Reply	Sheep. Hmm. --\n-------------------------------------------------------------------\n* Jack Troughton jake at consultron.ca \n [link\|http://consultron.ca\|http://consultron.ca] [link\|irc://irc.ecomstation.ca\|irc://irc.ecomstation.ca] \n Kingston Ontario Canada [link\|news://news.consultron.ca\|news://news.consultron.ca] *\n-------------------------------------------------------------------
Post #233,084 by Another Scott 11/8/05 7:36:13 PM Reply	RIPOSTE
Post #233,145 by tuberculosis 11/9/05 1:49:32 AM Reply	I've had worse! "Whenever you find you are on the side of the majority, it is time to pause and reflect" --Mark Twain "The significant problems we face cannot be solved at the same level of thinking we were at when we created them." --Albert Einstein "This is still a dangerous world. It's a world of madmen and uncertainty and potential mental losses." --George W. Bush
Post #233,147 by ben_tilly 11/9/05 1:54:55 AM Reply	To the mopeds! I have come to believe that idealism without discipline is a quick road to disaster, while discipline without idealism is pointless. -- Aaron Ward (my brother)
Post #233,158 by Ashton 11/9/05 5:01:06 AM Reply	And then I'll be a fully paid-up beretware user.
Post #233,197 by tuberculosis 11/9/05 11:10:37 AM Reply	Excuse me while I leap on to my head. "Whenever you find you are on the side of the majority, it is time to pause and reflect" --Mark Twain "The significant problems we face cannot be solved at the same level of thinking we were at when we created them." --Albert Einstein "This is still a dangerous world. It's a world of madmen and uncertainty and potential mental losses." --George W. Bush
Post #233,200 by Another Scott 11/9/05 11:19:09 AM Reply	That's why I have a problem with history.
Post #233,252 by jake123 11/9/05 2:52:29 PM Reply	I'd venture that this surprises nobody... --\n-------------------------------------------------------------------\n* Jack Troughton jake at consultron.ca \n [link\|http://consultron.ca\|http://consultron.ca] [link\|irc://irc.ecomstation.ca\|irc://irc.ecomstation.ca] \n Kingston Ontario Canada [link\|news://news.consultron.ca\|news://news.consultron.ca] *\n-------------------------------------------------------------------
Post #233,261 by Meerkat 11/9/05 3:36:16 PM Reply	You getting this down? Two out of three people wonder where the other one is.
Post #233,280 by Another Scott 11/9/05 5:01:20 PM Reply	No, m'lord.
Post #233,284 by Steve Lowe 11/9/05 5:06:41 PM Reply	It's like Parkay: You think it's LRPD, but it's not. -- Steve [link\|http://www.ubuntulinux.org\|Ubuntu]
Post #233,296 by imqwerky 11/9/05 6:36:08 PM Reply	That's why they call me Dr. Smooth. "It's never too late to be what you might have been." ~ George Eliot
Post #233,439 by Ashton 11/10/05 8:22:30 PM Reply	So, we're the un-holy trinity?
Post #233,566 by folkert 11/11/05 1:09:49 PM Reply	Hey, the gutters are mine now. -- [link\|mailto:greg@gregfolkert.net\|greg], [link\|http://www.iwethey.org/ed_curry\|REMEMBER ED CURRY!] @ *i_wethey* Freedom is not FREE. Yeah, but 10s of Trillions of US Dollars? SELECT * FROM scog WHERE ethics > 0; 0 rows returned.
Post #233,601 by imqwerky 11/11/05 4:20:25 PM Reply	They are damn good and worth every penny. "It's never too late to be who you might have been." ~ George Eliot
Post #233,626 by Meerkat 11/11/05 6:28:48 PM Reply	So how many virgins get sacrificed to the GRR for this one? Two out of three people wonder where the other one is.
Post #233,635 by ben_tilly 11/11/05 7:54:38 PM Reply	The third one burned down, fell over, and then sank into... the swamp. I have come to believe that idealism without discipline is a quick road to disaster, while discipline without idealism is pointless. -- Aaron Ward (my brother)
Post #233,644 by Silverlock 11/11/05 8:16:51 PM Reply	They're the very devil to clean out of the radiator. ----------------------------------------- No new taxes. --George H. W. Bush We don't torture. --George W. Bush
Post #233,662 by ben_tilly 11/11/05 9:24:52 PM Reply	I will be forced to post the lollercaust. I have come to believe that idealism without discipline is a quick road to disaster, while discipline without idealism is pointless. -- Aaron Ward (my brother)
Post #233,691 by Ashton 11/11/05 10:51:56 PM Reply	There's an old Swedish saying.
Post #233,703 by Meerkat 11/11/05 11:38:21 PM Reply	BASICA required Two out of three people wonder where the other one is.
Post #233,706 by folkert 11/11/05 11:52:17 PM Reply	Your configuration just allows perl programs to error out... faster. -- [link\|mailto:greg@gregfolkert.net\|greg], [link\|http://www.iwethey.org/ed_curry\|REMEMBER ED CURRY!] @ *i_wethey* Freedom is not FREE. Yeah, but 10s of Trillions of US Dollars? SELECT * FROM scog WHERE ethics > 0; 0 rows returned.
Post #233,800 by imqwerky 11/12/05 5:54:13 PM Reply	The best syllables-to-the-dollar value you can get! "It's never too late to be who you might have been." ~ George Eliot
Post #233,801 by Another Scott 11/12/05 5:57:40 PM Reply	Constantly fromaging the bitumogenous spandrels.
Post #234,096 by inthane-chan 11/14/05 4:01:06 PM Reply	Impossible.
Post #234,112 by imqwerky 11/14/05 5:01:21 PM Reply	Powered by crabby patties! "It's never too late to be who you might have been." ~ George Eliot
Post #234,122 by bepatient 11/14/05 5:49:35 PM Reply	I beg your pardon, young man? If you push something hard enough, it will fall over. _{Fudd's First Law of Opposition} [link\|mailto:bepatient@aol.com\|BePatient]
Post #234,346 by inthane-chan 11/15/05 6:01:57 PM Reply	It looks like food.
Post #234,360 by ben_tilly 11/15/05 8:08:01 PM Reply	Ruh-roh... I have come to believe that idealism without discipline is a quick road to disaster, while discipline without idealism is pointless. -- Aaron Ward (my brother)
Post #234,364 by admin 11/15/05 9:01:13 PM Reply	You have awakened my bunghole, and now you must pay! Regards, -scott anderson "Welcome to Rivendell, Mr. Anderson..."
Post #234,367 by Ashton 11/15/05 9:12:29 PM Reply	If your head is about to be crushed...
Post #234,368 by bepatient 11/15/05 9:15:35 PM Reply	268435456 bytes OK. If you push something hard enough, it will fall over. _{Fudd's First Law of Opposition} [link\|mailto:bepatient@aol.com\|BePatient]
Post #234,370 by Another Scott 11/15/05 9:29:15 PM Reply	Helmet of the meat!
Post #234,373 by Ashton 11/15/05 9:48:09 PM Reply	I agree your attitude sucks.
Post #234,413 by Meerkat 11/16/05 4:04:47 AM Reply	There will be no levity during the briefing! Two out of three people wonder where the other one is.
Post #234,415 by jake123 11/16/05 4:09:49 AM Reply	Loathing, exasperation, contempt... --\n-------------------------------------------------------------------\n* Jack Troughton jake at consultron.ca \n [link\|http://consultron.ca\|http://consultron.ca] [link\|irc://irc.ecomstation.ca\|irc://irc.ecomstation.ca] \n Kingston Ontario Canada [link\|news://news.consultron.ca\|news://news.consultron.ca] *\n-------------------------------------------------------------------
Post #234,434 by admin 11/16/05 8:46:24 AM Reply	You really should shave your legs more often. Regards, -scott anderson "Welcome to Rivendell, Mr. Anderson..."
Post #234,437 by Another Scott 11/16/05 9:07:55 AM Reply	I am a ruminant! Moo!
Post #234,439 by bepatient 11/16/05 9:22:09 AM Reply	I'm sorry, I came here for a lemur! If you push something hard enough, it will fall over. _{Fudd's First Law of Opposition} [link\|mailto:bepatient@aol.com\|BePatient]
Post #234,458 by imqwerky 11/16/05 11:16:32 AM Reply	You probably live in a box and smell like old dairy. "It's never too late to be who you might have been." ~ George Eliot
Post #234,461 by Another Scott 11/16/05 11:31:27 AM Reply	This is extremely nasty, but we can't prosecute you for that
Post #234,463 by bepatient 11/16/05 11:33:27 AM Reply	I miss fingering people. Um. That didn't come out right. If you push something hard enough, it will fall over. _{Fudd's First Law of Opposition} [link\|mailto:bepatient@aol.com\|BePatient]
Post #234,503 by jb4 11/16/05 3:28:49 PM Reply	Wow, color me educated. jb4 shrub●bish (Am., from shrub* + rubbish, after the derisive name for America's 43 president; 2003) n. 1. a form of nonsensical political doubletalk wherein the speaker attempts to defend the indefensible by lying, obfuscation, or otherwise misstating the facts; GIBBERISH. 2. any of a collection of utterances from America's putative 43rd president. cf.* BULLSHIT
Post #234,528 by folkert 11/16/05 3:58:32 PM Reply	Quite another Theatre of operations. -- [link\|mailto:greg@gregfolkert.net\|greg], [link\|http://www.iwethey.org/ed_curry\|REMEMBER ED CURRY!] @ *i_wethey* Freedom is not FREE. Yeah, but 10s of Trillions of US Dollars? SELECT * FROM scog WHERE ethics > 0; 0 rows returned.
Post #234,534 by Another Scott 11/16/05 4:08:28 PM Reply	Now that sounds filthy.
Post #234,547 by ben_tilly 11/16/05 5:01:49 PM Reply	"The professor in a thong"? I have come to believe that idealism without discipline is a quick road to disaster, while discipline without idealism is pointless. -- Aaron Ward (my brother)
Post #234,548 by admin 11/16/05 5:10:58 PM Reply	So I wound up to deliver the Unholy Kancho. Regards, -scott anderson "Welcome to Rivendell, Mr. Anderson..."
Post #234,550 by Another Scott 11/16/05 5:13:05 PM Reply	Battling him is like wiping off puppy slobber.
Post #234,645 by folkert 11/17/05 9:17:34 AM Reply	It's a shame about that. -- [link\|mailto:greg@gregfolkert.net\|greg], [link\|http://www.iwethey.org/ed_curry\|REMEMBER ED CURRY!] @ *i_wethey* Freedom is not FREE. Yeah, but 10s of Trillions of US Dollars? SELECT * FROM scog WHERE ethics > 0; 0 rows returned.
Post #234,549 by drewk 11/16/05 5:12:42 PM Reply	That's another one of those super Anime characters. === Purveyor of Doc Hope's [link\|http://DocHope.com\|fresh-baked dog biscuits and pet treats]. [link\|http://DocHope.com\|http://DocHope.com]

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