FBI Can Inspect Bank Records w/o Court Orders
AlexZander writes: "Thankfully, the so-called 'Patriot Act II' was discovered last year and the public outcry that ensued was enough to get the bill tossed out the window. One of the goals of that act, however, has made it into law under the radar of the community at large. However, on December 13th, President Bush signed Intelligence Authorization Act for Fiscal Year 2004 (the relevant section is 374) into law, which among other things, grants the FBI the power to obtain financial information without a court order from a judge. It also expands the definition of 'financial information' to include car dealerships, jewelry stores, insurance companies, and other stretches of the definition of 'financial institution'. Wired News has the story here."
"The best parts about this is that the law prevents the business that gives up the information to the FBI from telling their customer about the request. Oh, that and the new law only requires a "national security letter" from a field agent stating that the information reqested is part of an investigation relevant to national security.
Yikes!"
There was a post about this on whatreallyhappened.com.. and it linked to a large article about it here.
The part which I find the most scary about this hasn't been mentioned yet: The US Postal Service counts as a "financial institution" for the purpose of this act.
As a result, an FBI agent can walk into the USPS, without a warrant, and demand a detailed listing of all the mail you receive.
Tarsnap: Online backups for the truly paranoid
If you're going to think about that, keep in mind that Wired got its facts wrong. According to the bill summary, the 264-163 vote (roll call 649) which was presented as having taken place in June actually took place on 20 Nov, and was to agree to the conference report. Likewise, the Senate voice vote in November was to agree to the conference report. The actual vote on the bill as sent to the Senate, on 27 Jun, was 410-9 (roll call 333). Contrary to thier claims of opposing the legislation, both Rep. Betty McCollum and Rep. C.L. "Butch" Otter voted for the bill in June, where section 334 of the bill is essentially identical to section 374 of the conference report. The Senate passed its version of the bill by unanimous consent on 31 Jul, also containing an essentially identical section 354. This was not a provision "slipped into the Intelligence Act at the 11th hour". Rather, it's a provision that politicians are now experiencing "buyer's remorse" over.