FBI Wants To Limit Document Searches
An anonymous reader writes "In what seems to be in opposition to the Freedom of Information Act, the FBI is seeking to limit document searches. It seems since now that a lot of documents are in electronic form, searching them is much easier than before, and for that reason the FBI is taking this action."
Sounds like they have something to hide.
Windows has detected an undetectable error.
That's not exactly what's going on here. The FBI is in hot water because they didn't dig up already-released documents in a later FOIA request. Their argument is that the search was sufficient, not that they shouldn't have had to do it at all.
While they may be intentionally stunting their software search capabilities, it seems less likely that this is some malicious attempt on our freedoms and very likely that it's pure laziness on their part. The government has never been too happy about having to handle FOIA requests because they take time and money. When someone comes along and makes one, it's often easier for them to fight it than to use the resources required to dig up the info.
Alito: A vote for Alito is a punch in the eye to put that bitch back in her place!
The government is much more than a little agency like the FBI. I'd rather keep my ability to get information about the comings and goings of my government, thank you very much.
Why should our ability to find the information that is available to use be limited? If this information is public shouldn't we be able to use it how ever or as efficiently as we wish?
The beuraucratic culture at FBI headquarters and regional
offices are to blame for this and many other woes. I know
a retired field agent that was in counter-intel and he has
nothing good to say about agency management.
I don't think this is so much an overt effort to hide any
one particular document(s) but just a widely prevalent
'we don't give a damn what you want'. Laziness and CYA
mentality are to blame.
Let's see, there's the Patriot act, and now this is being considered... This sounds doubleplusungood to me. (sorry, had to get my paranoia quota for the day)
In the UK, our version of the FOIA came into force on 1st January, it has some similar "loopholes".
For a start, just before Christmas, a memo went around whitehall (around government offices, basically) instructing civil servants to delete emails over 3 months old, unless vital. (i.e. just before they become available to the public via the act, destroy them!)
Notably if this 3 month rule had been in force before, the evidence that lost former home secretary David Blunket his post (for misuse of public services, basically) would not have been available to be made public...
Also our version allows as a valid response to a request for information a simple declaration that another government department has that information (i.e. go get it from them). This does NOT have to imply that the original department does not have the requested information; it is a simple buck-pass.
Of course the second department can give the answer that the first department has the information. This counts, under the act, as your request having been satisfactorily dealt with...
(so information in 2 departments can be withheld without being designated as "secret" should the departments wish...)
But kneejerk slashdot sensationalism as usual.
And, the statement "It seems since now that a lot of documents are in electronic form, searching them is much easier than before, and for that reason the FBI is taking this action," is the diametric opposite of what is actually happening.
The story is that an individual made an FOIA request to the FBI for some specific information.
The FBI claimed that no such information was available.
The claimant found out in the meantime that such information WAS available, and, as such, requested a court order the FBI to provide it.
The FBI is arguing that its search was reasonable within department regulations and guidelines, and that it cannot and should not be expected to always undercover every single possible document. It's precisely BECAUSE documents are indexed electronically that is creating the difficulty: the FBI is claiming, essentially, that it can't predict every possibly keyword it should associate with a document for search purposes, and therefore shouldn't be held accountable if it misses documents during a good-faith search.
Whether or not the FBI was intentionally hiding OKBOMB memos, etc., is another story altogether.
Is superseded by the (un)Patriot act..
Think its bad now, wait a few years when even the discussion of what used to be public knowledge will get you tossed in jail:
"remember when the constitution protected....?" and they whisk you away as a terrorist or something.
Whats the answer? Other then a total revolt of the people, i donno. And yes i realize that is unlikely as most of the population are now simply trained sheep, believing what they are fed on TV.
---- Booth was a patriot ----
The FBI should just install google desktop. Problem solved.
"A man is but the product of his thoughts what he thinks, he becomes." -Mahatma Gandhi
Actually, all of our wonderful database technology and document scanners have created a problem that goes far beyond the FBI. This is news just because the FBI has tried to do something about it.
The real problem is that over the past 200 years or so, a lot of records have been generated that, while technically public, were never intended to be widely known. Consider for example, court documents. Many states require the social security numbers, home phone numbers, job information, or other very personal stuff to be included in pleadings filed with the courts. This is particularly common in divorce cases.
In the past, it wasn't much of a concern that some identity thief might go to the courthouse, ask for file C-200-87 and make some copies. Now, however, that thief can log on at a library in another state, and often request documents by the truckload without any human involvement.
Perhaps we, and the FBI, need a middle ground. Something like a "quasi-public-information" standard, where you can get the documents, but you have to show up in person and ask for them.
Trying to use sarcasm in text-based forums does not work.
This report was published earlier this month by http://www.eff.org/
January 14, 2005
Can the FBI Monitor Your Web Browsing Without a Warrant?
EFF Demands Answers from DOJ about PATRIOT Act Surveillance
Washington, DC - Today the Electronic Frontier Foundation (EFF) filed a Freedom of Information Act (FOIA) request with the FBI and other offices of the US Department of Justice, seeking the release of documents that would reveal whether the government has been using the USA PATRIOT Act to spy on Internet users' reading habits without a search warrant.
At issue is PATRIOT Section 216, which expanded the government's authority to conduct surveillance in criminal investigations using pen registers or trap and trace devices ("pen-traps"). Pen-traps collect information about the numbers dialed on a telephone but do not record the actual content of phone conversations. Because of this limitation, court orders authorizing pen-trap surveillance are easy to get -- instead of having to show probable cause, the government need only certify relevance to its investigation. Also, the government never has to inform people that they are or were the subjects of pen-trap surveillance.
PATRIOT expanded pen-traps to include devices that monitor Internet communications. But the line between non-content and content is a lot blurrier online than it is on phone networks. The DOJ has said openly that the new definitions allow pen-traps to collect email and IP addresses. However, the DOJ has not been so forthcoming about web surveillance. It won't reveal whether it believes URLs can be collected using pen-traps, despite the fact that URLs clearly reveal content by identifying the web pages being read. EFF made its FOIA request specifically to gain access to documents that might reveal whether the DOJ is using pen-traps to monitor web browsing.
"It's been over three years since the USA PATRIOT Act was passed, and the DOJ still hasn't answered the public's simple question: 'Can you see what we're reading on the Web without probable cause?'" said Kevin Bankston, EFF Staff Attorney and Bruce J. Ennis Equal Justice Works Fellow. "Much of PATRIOT is coming up for review this year, but we can never have a full and informed debate of the issues when the DOJ won't explain how it has been using these new surveillance powers."
The law firm of DLA Piper Rudnick Gray Cary assisted EFF in preparing the FOIA request and will help with any litigation if the DOJ fails to respond.
Contact:
Kevin Bankston
Attorney, Equal Justice Works / Bruce J. Ennis Fellow
Electronic Frontier Foundation
bankston@eff.org
Posted at 09:27 AM
Oh, wait...
This only applies to lawful requests for them to produce documents.
Yes, it's always about balance... just a little further towards security, tighten a little more, just a little more.... ta da, police state.
There are also wackos who request all sorts of information (over and over again) from every FBI office and then sues them because it doesn't match her delusional reality.
One line blog. I hear that they're called Twitters now.
Perhaps the FBI needs to hire Google to do the indexing?
A quick search turned up this site: http://www.geocities.com/prisonmurder/ken_trentadu e.html but I am sure there are many others. The photos on this page are not particuarly good but you can get the idea. I was shown poster sized photos of his Trentadue's body by a congressman from Idaho not long after this happend and the Taser burn marks and bruising inconsistant with a suicide are clearly visible.
I can understand why the FBI would want to cover this up. People are shocked when they hear about Abu Garab in Iraq and yet do not seem to realize that it can happen to you, an American citizen, here if you happen to be in the wrong place at the wrong time. If there was ever a case that deserved more scrutiny this is it. While I am not a big believer in "conspiracy theories", this one not only has me convinced but a number of senators and congressmen as well. Unfortunately, until significant pressure is placed on the FBI and similar agencies, we will not get to the bottom of this.
Dear Joe Public,
We regret to inform you that every right given to you shall only be granted until actually taking advantage of it becomes feasible. At which time we shall revoke said rights on the basis that you might actually use them.
We hope you understand this is for your own safety and is not meant to indicate any wrong doing on the behalf of federal officials.
We apologize in advance for any resulting inconvenience.
Trust us,
Your Local Friendly Federal Agents.
The mysterious death of Kenneth Trentadue
...
... what happened to the America I used to know?
The body of Kenneth Trentadue lay in a coffin in an Orange County, Calif., funeral home. His family had been told by the U.S. Bureau of Prisons earlier that week that the man hanged himself with a bed sheet on Aug. 21, 1995, while in federal custody at the Federal Transfer Center (FTC) in Oklahoma City. But Trentadue's family members who viewed his corpse-his wife, mother and sister-doubted the story.
the prison had gone to the trouble of putting Kenneth in a suit and applying makeup to his face-departing from the no-frills way the BOP typically releases dead inmates to their families-but had not bothered to mask his slashed throat.
Then the women noticed Kenneth's wrists and knuckles were black and swollen, strange injuries for a hanging.
Trentadue's sister, Donna Sweeney, clutched a camera she had brought with her. Taking a deep breath, she directed an attendant to strip Kenneth's body and scrub the heavy makeup from his face.
What the women saw shocked and disgusted them. Kenneth's head bore three massive wounds, two of which had ruptured the flesh to expose the skull. Below his left arm were fingerprint marks suggesting he had been propped up and held by someone else. Patches of skin had been ripped from his back. Bruises and welts lined the entire body, from his eyelids to the soles of his feet. [cont.]
I wouldn't be surprised if Homeland Security Operations Morning Briefs that we leaked are also part of their inclination to avoid digital record keeping (and comprehensive FOIA searches)
These reports show an interesting view of the domestic intelligence gathering being done at the DHS.
Those who sacrifice liberty for security deserve neither. -- Thomas Jefferson The Freedom of Information Act is another check in the checks and balances of our nation. Specifically, it insures that the people (for whom the government is supposed to serve) have control over the government, and not the other way around. The whole terrorism bit is simply an excuse to keep the people from controlling their government. That isn't to say that terrorism doesn't exist -- it does. What I am saying is that sacrificing our liberty for security isn't the best way to combat terrorism, although it is the best way to give us an Orwellian society.
War isn't about who's right. It's about who's left.
...let's remember this is a government agency. Having worked for and with various government agencies, I can tell you right now that there is no grand conspiracy afoot to hide truckloads of documents from the general public. In fact, you can pretty much boil down the FBI's position in four ways:
- like most government agencies (federal, state, local - it doesn't matter) a good many of the people in management really don't give a shit what you want, despite the supposed goal of serving the people who sign their paychecks - meaning you, the citizen. Egomania is fairly rampant among management and they take it as a given that you're nothing more than a bunch of irritating, ignorant proles who should keep their mouths shut and do as they're told. The fact that you'd file a FOIA request in the first place annoys the hell out of these people - who are you to question the government, you stupid serf? And that means they aren't at all inclined to put anything more than the minimal amount of effort required into fulfilling your request. Sometimes they'll even deliberately hide information for no other reason than to spite you. I've actually seen this done. Yes, it's pissy and childish, but that tells you a good deal about the people you're dealing with.
- most management types are heavily invested in making sure as little information as possible gets out to the public, especially information that hasn't been vetted by house PR. This is true even if the information appears to be harmless. Why? Because in order to get ahead in the game, a fair number of these folks have done things they don't want anyone to know about (or have screwed up royally, and are trying to hide the mistake), and citizens have this surprising knack for discovering patterns in otherwise innocuous bundles of information - patterns that sometimes point fingers. The less information the citizen has, the less likely it is to come back and bite someone in the ass. This isn't an agency conspiracy, it's the local management playing CYA. The more incompetent that local management, the more likely they are to do this sort of thing (because they have more fuckups they're trying to hide).
- FOIA requests tread on someone's turf. Every manager has turf, represented by budget and personnel. When you make an FOIA request you commandeer some of that budget and a certain amount of personnel for a period of time. This is annoying to someone who views himself as the absolute ruler of his particular fiefdom.
- general incompetence means that searches will miss documents even if they aren't difficult to find. The best government workers (in my experience) are the low-level schmucks whom no one pays attention to even though they're almost entirely responsible for keeping their department afloat, but even so a good many of these people are in government because they can't cut it in any other job. It's a crapshoot whether the person or persons designated to actually do the searching will be one of the competent ones or one of the morons.
These behaviors aren't specific to government, of course. You see them in any large organization, including corporations. But they are more prevalent in government simply because government a) makes the laws and has little to fear, and b) government has a secure revenue stream backed by the threat of violence. Remember, your ability to vote politicians in and out of office means nothing to these people since it'll have no effect whatsoever on them personally; they'll still be employed at the end of the day regardless of who you put in charge of the government as a whole. In a very real sense they aren't accountable to anyone.
Max
My god carries a hammer. Your god died nailed to a tree. Any questions?
If they have done nothing wrong, what do they have to worry about?
Yes, this action could be viewed as the government wanted to conceal stuff, etc.
But let me bring up a not-so-exciting reason for this. There are people out there who are lunatics and have nothing better to do but to barrage the government with FOIA requests to "uncover" whatever government/alient conspiracy is being waged against them this week.
A small number of people probably consume a huge, totally disproportionate amount of government resources. These aren't people who simply are working on a valid case and want info, these are people who probably submit FOIA requests every month to find out how the president's dog is controlling their mind with a secretly implanted transponder acquired by aliens.
Have you ever met a schizophrenic person? I have, and you CAN NOT convince them that the government/aliens/Jesus is not after them and waging a secret war against them. They are often very intelligent, but they have little to no concept of reality and let me tell you- they have no lack of motivation or persistence. They'll bug the gov with FOIA requests repeatedly.
Here's a link that I saw on another reply on this thread that demonstrates this clearly:
http://www.fas.org/sgp/foia/schwarz.html
"A second case, Schwarz v. United States Department of Energy, Civil Action 99-3234, named an additional 72 federal entities, various subdivisions, and many individuals, a total of 807 separate defendants.21 Plaintiff's FOIA requests in that case related to the Rathbuns, their attorneys, L. Ron Hubbard, an independent or special counsel, Germans, schools in a submarine village in Great Salt Lake, and Rosemarie Bretschneider."
^This is just ridiculous, but a lot of government resources were consumed coming up with that report. Someone with a valid case probably had to wait because the government office was busy trying to disprove this wacko. A school in a submarine village in the Great Salt Lake? At what point can we all agree that a request needs to be ignored?
The FBI is required by law to make documents available. They claim that there's too much info to be able to do that. Well, I guess they should have thought of that before they started spying on so many innocent people. They have no excuse.
There's no excuse for the Patriot act either. I guess it's not just a Republican thing because the Dems are all too willing to go along with them. Wake up America. Stop waving the flag long enough to see where we're headed.
The executive and legislative branches of the federal government have sold us out. The "terrorists" who founded this country warned us that this could happen. It's our duty to fix it, but I'm not optimistic that we can. We can protect ourselves from foreign enemies. It's the enemies in Washington we're powerless against.
Screw you George Bush. I hope some shell-shocked veteran comes back from Iraq and blows your lying, born-again head off. How's that for "supporting the troops"?
is the one I think it is (and it may not be), the FBI has good reason to hide its records of that death.
The inmate was beaten to death by two guards. The BOP refused access to the site by the Oklahoma City coroner who got a court order and went in anyway. Using blood detection instruments that illuminate blood stains, the word was the "cell lit up like a Christmas tree." The FBI was called in, then proceeded to cover up the case by removing the bloodstained prison clothes and throwing them in the trunk of an agent's car, who proceeded to drive around with them for a month until he had to complain to his supervisor that the clothes were "stinking up his car". The DOJ called the Oklahoma state Attorney General and threatened to cut off law enforcement funding unless the case was dropped. The family pursued the case which eventually wound up on federal court. There, the judge decided that despite the FACTS that the BOP lied about the circumstances and the FBI mis-handled the evidence, the inmate "committed suicide".
Yeah, right...US "justice" prevails...
This is not the first time the FBI has covered up instances of BOP abuse of prisoners as a favor to a fellow federal law enforcement agency. There as a prison riot in a midwest Penitentiary in October 1995 which entailed numerous instances of brutalization of inmates by corrections officers. The FBI came in and seized vidotapes of the incidents which had been made by the officers (the BOP mandates videotaping incidents so they can be used to defend officers when accused of brutality). When the FBI "crime lab" got through with those tapes, the quality was sufficiently bad they could not be used as evidence in the inmates' federal complaint against the officers. The inmates' legal team recommended settling. The officers walked.
Anything who thinks the FBI operates like Efrem Zimbalist Jr. (if you're old enough to remember that show) or Scully and Mulder (for you younger nerds) hasn't got a clue.
Richard Steven Hack - This sig is TOO GODDAMN SHORT TO DO ANYTHING USEFUL WITH! MORONS!
I guess that they don't wany anyone archiving their site, but it is just part of a much larger picture, Just check out the Whitehouse robots.txt file.
Pretty much anything that mentions iraq is Disallowed
In the end they will lay their freedom at our feet, and say to us, "Make us your slaves, but feed us." - Dostoevsky