Slashdot Mirror


Audit Finds FBI Abused Patriot Act

happyslayer writes to mention that according to Yahoo! News a recent audit shows that the FBI has improperly and in some cases illegally utilized the Patriot Act to obtain information. "The audit by Justice Department Inspector General Glenn A. Fine found that FBI agents sometimes demanded personal data on individuals without proper authorization. The 126-page audit also found the FBI improperly obtained telephone records in non-emergency circumstances. The audit blames agent error and shoddy record-keeping for the bulk of the problems and did not find any indication of criminal misconduct. Still, 'we believe the improper or illegal uses we found involve serious misuses of national security letter authorities,' the audit concludes."

48 of 341 comments (clear)

  1. What are the chances... by brian0918 · · Score: 5, Insightful

    What are the chances that anyone will ever - ever - be arrested over this?

    1. Re:What are the chances... by stratjakt · · Score: 3, Insightful

      ...did not find any indication of criminal misconduct.

      No chance at all.

      --
      I don't need no instructions to know how to rock!!!!
    2. Re:What are the chances... by gstoddart · · Score: 5, Insightful

      What are the chances that anyone will ever - ever - be arrested over this?

      Arrested as a product of the illegal activity, or arrested for performing the illegal activity?

      The former has probably already happened, the latter is probably unlikely (summary says no criminal misconduct).

      You didn't really think they would get in trouble for abusing the law we've all been saying has huge potential for abuse, did you?

      While they might make policy that says internally they need to do things correctly in the future, I doubt that will prevent them from obtaining information on a whim because it's expedient. But, I'm a cynic about such things, hopefully I'm wrong. :-P

      Cheers
      --
      Lost at C:>. Found at C.
    3. Re:What are the chances... by brian0918 · · Score: 5, Insightful

      Being woefully ignorant of the proper legal routes you're supposed to take doesn't exempt you from being held responsible if and when you don't take those routes. This article just says that they didn't intentionally break the law, but I don't see any difference.

    4. Re:What are the chances... by walt-sjc · · Score: 3, Insightful

      The difference is "intent". Intent plays a large part in many of the criminal laws. For example - did you lose control over your car and accidentally kill a pedestrian on the sidewalk or did you intend to mow them down in a fit of rage...

      Of course intent isn't everything, and being ignorant of laws doesn't always protect you from the consequences either.

      If anything at all comes out of this, it will be limited to discussion and that's about it. MAYBE it will get a few congressmen hot under the collar and debate the merits and abuses of the unPatriotic Act. I seriously doubt any repealing or scaling back will happen however.

    5. Re:What are the chances... by jandrese · · Score: 5, Informative

      In fact that's part of the PATRIOT act: You're not even allowed to find out if they've been abusing the act. Whistleblowing abuses of the PATRIOT act is a crime under the PATRIOT act.

      --

      I read the internet for the articles.
    6. Re:What are the chances... by operagost · · Score: 4, Informative

      Depends on whether you are Democrat or Republican.

      --

      Gamingmuseum.com: Give your 3D accelerator a rest.
    7. Re:What are the chances... by Twanfox · · Score: 4, Insightful

      When common citizens can get arrested and prosecuted in spite of ignorance of the law, then so can the enforcers of the law, the ones SPECIFICALLY in charge of enforcing and utilizing the law to safeguard the lives of the citizens. To say the FBI is ignorant of the law can be considered far worse than a citizen not being informed of it, simply because the FBI lives and breathes by what laws are currently enforceable.

    8. Re:What are the chances... by j-turkey · · Score: 5, Funny

      In fact that's part of the PATRIOT act: You're not even allowed to find out if they've been abusing the act. Whistleblowing abuses of the PATRIOT act is a crime under the PATRIOT act.

      The first rule of the USA PATRIOT act is that you do not talk about the USA PATRIOT act...

      ;)

      --

      -Turkey

    9. Re:What are the chances... by M_Cheevy · · Score: 4, Interesting

      There is a way to smack them other than criminal charges. Unless it was repealed during the post 9/11 orgy of civil rights abuses, Section 1984 of Chapter 15 of the US Code states that a government official is personally financially responsible for double damages if they violate the civil rights of a citizen. This probably came out of the 60s Civil Rights movement to prevent southern officals from keeping blacks out of the voting booths -- a necessary thing at the time. Now it can be used to protect people against abuses of the Patriot Act -- but only if they know they've been victimised.

    10. Re:What are the chances... by HermMunster · · Score: 4, Interesting

      And you want to tell me how over 140,000+ people were suspected of terrorism or affiliated to it, in the USA?

      --
      You can lead a man with reason but you can't make him think.
    11. Re:What are the chances... by Master+of+Transhuman · · Score: 5, Interesting

      Sibel Edmonds, while employed at the FBI as a translator, determined that the FBI employed spies for various Turkish organized crime groups as translators who concealed important evidence in FBI investigations.

      She further discovered that "senior elected US officials" were implicated by these documents in direct involvement with organized crime groups in the Middle East and Turkey involved in drugs, arms smuggling, and the nuclear materials black market. These same people were involved with the outing of CIA covert agent Valerie Plame Wilson, apparently for the purpose of protecting these same organized crime groups which Plame's covert operation was investigating. (Marc Rich, the alleged "money man" for some of these organizations, was a client of "Scooter" Libby at one time.)

      For these discoveries, she was fired and gagged by a direct order from the DoJ from ever discussing these matters with anyone not in the US Senate with a security clearance. So far, no one in the US Senate has had the balls to come forward and request the details.

      When I was arrested by the FBI, I was presented with a document they requested me to sign before interrogation. The document expressly stated that I would waive all rights to an attorney before questioning. I pointed this out to the agent. He said, "No, it doesn't mean that." I pointed out that I could read and understand English perfectly well, and there was no caveat whatsoever anywhere on that paper that said anything other than that I waived all rights to an attorney.

      I refused to sign. They stomped off. My Miranda rights were secured.

      Anybody who thinks the FBI adheres to ANY form of "rule of law" is living in a dream world.

      Such people need to look at the Federal court decisions that ruled that the FBI engaged in YEARS of illegal "black bag" jobs and other illegal operations against the American Indian Movement.

      Such people need to look back at the 1960's when the FBI printed up posters of Abbie Hoffman and other activists of Jewish background accusing them of being Jews who were racist against blacks and had these posters plastered all over black neighborhoods in Harlem and elsewhere.

      Such people need to look at the case of the Federal prison inmate who was beaten to death in the Oklahoma City transit center by two Bureau of Prisons correctional officers. The Oklahoma coroner had to get a court order to be allowed in to investigate the case. The FBI was called. One of the agents took the bloodstained garments of the prisoner, threw them in the trunk of his car and drove around with them, destroying their value as evidence, until he eventually complained to his supervisor that they were stinking up his car.

      The FBI are the scum of the earth. The only lower scum are Bureau of Prisons correctional personnel. In fact, this is being detrimental to the reputation of earth scum to put these people on the same level.

      --
      Richard Steven Hack - This sig is TOO GODDAMN SHORT TO DO ANYTHING USEFUL WITH! MORONS!
    12. Re:What are the chances... by jc42 · · Score: 4, Informative

      Anybody who thinks the FBI adheres to ANY form of "rule of law" is living in a dream world. ... need to look back at the 1960's ...

      Or even better, look back to the 1920's, and the founding of the FBI. A good start is to google for "Palmer raids", for an explanation of how and why the FBI came into existence.

      The FBI started as a political agency, and it has remained one throughout its history. The idea that it's a law-enforcement investigative agency comes mostly from Hollywood.

      The fun thing is that none of this is hidden. People who read actual history rather than watch TV and movies tend to be quite aware of this history. But there's no need to hide it from the general population, since most Americans don't read any history at all.

      --
      Those who do study history are doomed to stand helplessly by while everyone else repeats it.
    13. Re:What are the chances... by StarfishOne · · Score: 5, Funny

      Section 1984 of Chapter 15 of the US Code

      One has to love all those tiny synchronicities that are floating by in this funny Universe.. ;)

    14. Re:What are the chances... by Lane.exe · · Score: 3, Insightful
      Think of it this way -- if the cops search you in violation of your 4th amendment rights, then they've performed an "illegal" search. But they don't get a criminal penalty. The sanction is that they can't use any of that evidence that is a fruit of that illegal search at trial to try and convict you.

      What this means is that information seized illegally, outside of the bounds of the statute, will not be available to federal prosecutors, not that anyone in the FBI will be prosecuted, because they may not have violated a specific criminal statute in doing so.

      --
      IAALS.
    15. Re:What are the chances... by sumdumass · · Score: 3, Interesting

      I can attest to this. It is how they cover their own ass. And I had some problems that linked directly to this.

      SKipping over the details a bit for times sake, I was arested for something I didn't do, held overnight and filed a complaint directly after my release. The officer who wrote the report out was going on vacation the day I was released and he didn't have it finished. So he handed it over to another who worte one or two lines and signed it. MY complaint trigured the watch commander to make all of the officers on the scene write detail acounting's of what happended. The officer who went on vacation did his in the morning before leaving and mailed it in while the other five officers sat in a room and colaborated everything.

      The difference was black and white. On one hand, you had reports that I stormed the officers and he put up his hands to say stop and I fell into them stumbling to the ground. In the officer on vacation's report, the officer told me to stand against the wall and when I didn't the other officer pushed me against it and after my head struck the brick wall, I pulled my hands to my head wich look as if i was going to strike him, so the officer then threw me to the ground in a headlock. My acounting of events was that after leaving a nightclub because the music as too loud and the speakers were poping and hissing, an officer was saying something and I couldn't hear him. So i started getting closer to him when he threw me agaist the wall and then draged me to the ground.

      In court, it was four people saying one thing, ME saying something else and this officer who went on vacation supporting bits and pieces of both our stories. The judge asked to see me, my lawer, the one officer and the DA in private. In there he told us we better strike a deal before this goes any further. After refusing to cop to a plea, I was finaly offered all charges being droped if i signed a statment that I wouldn't sue the city, police, these officers or anyone associated with them about this particular incident.

      So yes, It goes on and it is propbably something more often then not. But if the FBI has a record of this being used in an illegal way, then the cops lieing shouldn't be a factor in it. And BTW, there are ways to charge officers who break the law. Look at the border patrol agents in jail right now. And ever normal person would think they were just doing their job when whatever happened to put them in prison.

  2. no surprise there by jacquesm · · Score: 4, Insightful

    I mean, seriously does anybody really feel any surprise at all when reading this ?

    And if so what drug are you on ...

    Law enforcement agencies will abuse any law to get the maximum leverage that they
    can, it does not matter that the laws they use were not originally intended for
    the purpose they are being used for.

    In NL we only recently got the obligation to carry ID, ostensibly to fight heavy
    criminals that would not ID themselves. Of course now you can get arrested a
    lot easier for say being a jogger and having no ID on you.

    And that has already happened to a lot of people, but not to the so called heavy
    criminals.

    if you want to stop this trend I'm afraid it will take a lot more than a vote in
    a ballot box at some point.

    if that is still possible...

    1. Re:no surprise there by stratjakt · · Score: 5, Insightful

      The thing is, people work in agencies, and people have agendas, and people sometimes make mistakes.

      Cops screw up all the time, with the best of intentions. I know an officer who made a traffic stop, and searched the trunk based on an exhaust leak he noticed (they can bypass the right to an unlawful search in cases like these, safety trumps it). Trunk had two kilos of cocaine, perp gets off because the judge decided the search was unlawful.

      A lot of these guys really are out there trying to catch the bad guys, or just trying to get ahead in their careers. We all take shortcuts in our jobs and to reach our goals, and when you're on the street, with a bust so close you can feel it - and the only thing stopping you is what you percieve as "beurocratic red tape", it's easy to slip up.

      I'm not defending them, just offering some more rational explanation other than "da govment is out to get us". It's people that screwed up, in the end.

      --
      I don't need no instructions to know how to rock!!!!
    2. Re:no surprise there by BSAtHome · · Score: 3, Insightful

      Power corrupts; no matter who you give it to.

    3. Re:no surprise there by elrous0 · · Score: 5, Insightful

      I know an officer who made a traffic stop, and searched the trunk based on an exhaust leak he noticed (they can bypass the right to an unlawful search in cases like these, safety trumps it). Trunk had two kilos of cocaine, perp gets off because the judge decided the search was unlawful.

      That's probably because that judge knows a load of bullshit when he hears it. I mean, seriously, he decided to search the trunk because he noticed an exhaust leak?!?! Give me a break.

      -Eric

      --
      SJW: Someone who has run out of real oppression, and has to fake it.
    4. Re:no surprise there by Grinin · · Score: 4, Insightful

      I couldn't agree more...

      All this government has to do is use the word "terrorist" in a sentence and all of your civil liberties are thrown out a window. In fact, by me writing this, I'm sure it has been flagged on some ISP/Government computer somewhere and they will notice its just another user bad mouthing big brother. Its disturbing how we must all sit idly by and watch as all of our rights continue to be diminished... Hopefully something will change and soon.

    5. Re:no surprise there by Rob+the+Bold · · Score: 4, Funny

      That's probably because that judge knows a load of bullshit when he hears it. I mean, seriously, he decided to search the trunk because he noticed an exhaust leak?!?! Give me a break.

      There could've been deadly metal-burrowing acid moles in there. Those devils will dissolve the flesh right offa yer bones. That perp was a lucky S.O.B. that the cop was so observant.

      --
      I am not a crackpot.
    6. Re:no surprise there by drinkypoo · · Score: 4, Insightful

      Cops screw up all the time, with the best of intentions. I know an officer who made a traffic stop, and searched the trunk based on an exhaust leak he noticed (they can bypass the right to an unlawful search in cases like these, safety trumps it). Trunk had two kilos of cocaine, perp gets off because the judge decided the search was unlawful.

      There's nothing in the trunk that has anything to do with an exhaust leak. In addition, you can't actually tell if a car has an exhaust leak until you stop it, unless you go past it with open windows and hear the characteristic sound. The clouds of smoke could come from any number of sources. Once I got pulled over for excessive smoke because I had spilled some oil on my exhaust manifold while adding to my crankcase.

      Thus this is a clear violation of authority, and a clearly illegal search.

      A lot of these guys really are out there trying to catch the bad guys, or just trying to get ahead in their careers. We all take shortcuts in our jobs and to reach our goals, and when you're on the street, with a bust so close you can feel it - and the only thing stopping you is what you percieve as "beurocratic red tape", it's easy to slip up.

      Police have a responsibility to be more, well, responsible than "normal citizens" because they have more power. With power comes responsibility.

      This is why it is simply not acceptable for any cop to ever break any law. Period. I realize that's impossible, and it's why I told the CHP officer who pulled me over and tried to talk me into applying to work for the CHP (after he already had written out my ticket, for something I didn't do, what a fucking asshole) that I felt that the law is simply the arms of a corrupt system that I don't want to be a part of. He'd already written the ticket, so what did I have to lose? And of course I have convictions. And I don't mean legal ones :P

      But regardless, if someone isn't willing to live within the law, they shouldn't be a cop. And we should never let cops off when they do break the law. It's fucking hypocritical.

      I'm not defending them, just offering some more rational explanation other than "da govment is out to get us". It's people that screwed up, in the end.

      you are the government
      you are jurisprudence
      you are the volition
      you are jurisdiction
      and I make a difference too

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    7. Re:no surprise there by Rude+Turnip · · Score: 5, Funny

      "That's probably because that judge knows a load of bullshit when he hears it."

      The judge was probably pissed because his regular delivery didn't arrive :-)

    8. Re:no surprise there by geekoid · · Score: 3, Insightful

      I'd rather let someone with 2 kilo's of cocain get away then give up my right to be free of random searchs.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    9. Re:no surprise there by Rob+the+Bold · · Score: 4, Insightful
      I've noticed that. And by "that", I mean whenever a cop stops you, it's always because something he saw "forced" him to pull you over due to the serious risk to your safety. "I pulled you over 'cause I noticed at that corner back there that your front wheels were pointed a different direction than your back wheels. I gotta check that out, 'cause that's a serious safety issue. If that was to happen at 70 mph, your vehicle could spin out of control. Mind if I check your tire beads in the trunk?"

      But did you know that if your hand is bigger than your face, you've got cancer?

      --
      I am not a crackpot.
  3. Surprised? Anyone? Bueller? Bueller? by ||Deech|| · · Score: 3, Insightful



    Funny. I seem to recall a lot of screaming about the possibility for abuse and I distinctly recall being told to shut the fuck up, we can *trust* them to do the right thing.

    pfft.

    --
    Run. I like water. Push My rutabaga.
  4. Accountable? by whoever57 · · Score: 4, Insightful

    "I am to be held accountable," Mueller said. He told reporters he would correct the problems and did not plan to resign.
    In what way is he to be held accountable? He expects to keep his job, presumably also pay, pension, benefits, etc. Where is the accountability?
    --
    The real "Libtards" are the Libertarians!
    1. Re:Accountable? by Kawolski · · Score: 3, Funny

      In what way is he to be held accountable? He expects to keep his job, presumably also pay, pension, benefits, etc. Where is the accountability? He's going to have one sore wrist tomorrow. He might even get slapped twice!
  5. And yesterday Captain America was shot to death. by CyberLord+Seven · · Score: 3, Interesting
    Seems fitting.

    I guess, maybe we can't trust those in power.

    Welcome back, Tricky Dick!

    --
    We have always been at war with Eurasia!
  6. We are shocked! Shocked! by Jaywalk · · Score: 4, Insightful

    "There is no excuse for the mistakes that have been made, and we are going to make things right as quickly as possible," the attorney general said.
    And this time, we mean it!
    --
    ===== Murphy's Law is recursive. =====
  7. Our Freedoms? by Kozar_The_Malignant · · Score: 4, Interesting

    According to GW Bush, "They hate our freedoms." I guess he figures if we get rid of our freedoms, they'll quit hating us. Nothing else makes much sense.

    --
    Some mornings it's hardly worth chewing through the restraints to get out of bed.
  8. This is what happens when you ignore human nature by StewedSquirrel · · Score: 5, Insightful

    The simple fact is that human nature tends to cause us to use power whenever we can. This is the reason that there are checks and balances in our government. Some smart guys realized a few hundred years ago, that a position with unchecked power will eventually be abused by a person seeking personal gain.

    This is a fact.

    This is a truth of humanity.

    Laws such as the patriot act, which remove checks and balances and allow individuals or small groups of like-minded individuals to act unilaterally in a way that is damaging to the rights of other citizens is a gross violation of this principle and is evidence to a loss of touch with what our government is put in place to do.

    While protecting the people is a primary goal of a government, protecting the people must weigh protections both on the freedom and liberty of people against the PHYSICAL protection of people.

    Unfortunately, our society is so sheltered from physical trauma, we have grown risk-averse in a disturbing way.

    A few hundred years ago, when most people did not reach 60, and 1/4 of children died before adolescence, we had a realistic view of how important liberty is in our society. People dealt with death and destruction, as it was part of nature. Liberty, however, was not a constant and had to be protected at all costs.

    Today, people take liberty for granted and so fear death and destruction that they will throw away their liberty for temporary saftey.

    This is the trap which our founding fathers warned us against. They saw its power and also its danger.

    We need to open our eyes to that truth as well.

    Stew

    --
    There are 10 kinds of people in the world. Those who understand binary and those who don't.
  9. Re:And yesterday Captain America was shot to death by dr_dank · · Score: 4, Insightful

    Welcome back, Tricky Dick!

    The tactics (and some of the players) never really left, they've only refined the techniques and the spin to explain it away to an apathetic public. At least Nixon stepped down when he was caught with his hand in the cookie jar.

    --
    Where does the school board find them and why do they keep sending them to ME?
  10. Serves us right by GodfatherofSoul · · Score: 3, Insightful

    LOL how often have we heard conservatives sniping at people who object to the expansive, unchecked powers of the Patriot Acts? Now do you understand what "nation of laws not a nation of men" means? This is why you don't give the government totalitarian powers (even if it's your party) and turn your back expecting them not to be abused. Let the March of the Frogs begin!

    --
    I swear to God...I swear to God! That is NOT how you treat your human!
  11. So, Sweden by apexcp · · Score: 4, Interesting

    So all the people who regularly point out how much "better" a society Sweden is than the US, either have to: - entirely backtrack - agree that domestic surveillance really ISN'T that big a deal - just be hypocrites. (grabs some popcorn) OK, let's start discussing!

    1. Re:So, Sweden by Rob+the+Bold · · Score: 3, Insightful

      So all the people who regularly point out how much "better" a society Sweden is than the US, either have to: - entirely backtrack - agree that domestic surveillance really ISN'T that big a deal - just be hypocrites. (grabs some popcorn) OK, let's start discussing!

      Methinks we'd all be better off if we could support each other's efforts to restore freedom in our homelands, rather than sniping back and forth about how much worse off the other is.

      --
      I am not a crackpot.
  12. Re:And yesterday Captain America was shot to death by CyberLord+Seven · · Score: 5, Interesting

    Ain't that the truth. I was surprised to learn earlier this week that Rumsfield and Cheney were both in the Nixon Whitehouse.

    --
    We have always been at war with Eurasia!
  13. Re:This is what happens when you ignore human natu by StewedSquirrel · · Score: 3, Insightful

    I both agree and disagree.

    I think that people with FEDERALIST leanings are more to blame. Isolated pockets of socialism are not damaging when they are confined. At that point, it becomes a choice, rather than an obligation. For example, if California decided they wanted welfare, excelelnt. It is the nationwide push for such things that cause problems.

    Our country was designed (and was most efficiently operated) as a loosely coupled federation of states. The federal control extended to ALMOST nothing, except where it concerned one state accepting the laws of other states and where it concerned international trade, commerce, war and diplomacy.

    In this structure, if California becomes corrupt with power, you are free to move to Oregon. Presumably, there would develop a certain state of homeostasis between locations as like minded individuals move together and learn to inter operate with other groups of unlike minded people.

    On the far other extreme end from your socialist comment lies a society of laissez-faire corporate oligarchy, not seen since the "oil baron" days of entire cities, owned, policed and supervised by corporate regulations and institutions, where corporations oppress citizens in exactly the same way, from exactly the opposite direction.

    Surely there is a balance in the middle?

    Regardless, the balance must be approached seperately by a number of smaller state governments, rather than centrally by a bureaucratic federal dictatorship.

    Stew

    --
    There are 10 kinds of people in the world. Those who understand binary and those who don't.
  14. Moral of the story by isotope23 · · Score: 3, Insightful

    The Moral is:

    Never give the government a power that you would not feel comfortable in having your worst enemy exercise.
    (Because someday they will)

    --
    Service guarantees Citizenship! Questions Guarantee GITMO.... Amerika Uber Alles!
  15. Re:oblig by k1e0x · · Score: 3, Insightful


    It was created to restrain the terrible power of government from abusing the sovereign rights of the people.

    Government is the worst invention of man. It has created the most terrible acts of all history and has only one tool at its command.. that is force. If you try to say no to a government you will eventually be fined, if you don't like the fines, you will be put in a cage, and if you try to resist the men that come to put you in one you will be killed. Your rights are not granted to you by any such government. They exist outside of government, so a piece of paper can not fully define what rights you have. (The Constitution itself even says that)

    *WE* do not control government anymore. We are the governed. We don't limit it anymore.. we just roll over on our rights, and its entirely run away.. but that's ok because since the people of the country understand so little of what freedom and liberty mean.. anything else they could come up with now would be WORSE. (can you imagine if congress had to re-write the bill of rights now??)

    If the people fail to understand that government must be limited.. it matters very little what pieces of paper we have or who controls what office.

    --
    Bringing liberty to the masses. - http://freetalklive.com/
  16. The insurgency is REALLY in its last throes. by 140Mandak262Jamuna · · Score: 4, Insightful
    Dick Cheney seems to be absolutely right. The insurgency seems to be in its last throes. Only difference is it is not the insurgency in Iraq fueled by the blind racistic xenophobia of Iraqis, shias or sunnis.

    The insurgency that is dying is the one that began 230 odd years ago, against a distant King in England, by a ragtag group of people who believed in liberty. What kind of country we have now, if our citizenry can be so scared by the loss of couple of skyscrapers and surrender the freedoms so quickly?

    The insurgency led by Geroge Washington and Thomas Jefferson and the other Founding Fathers is really in its last throes.

    --
    sed -e 's/Chuck Norris/Rajnikant/g' joke > fact
  17. Define abuse...? by raehl · · Score: 4, Interesting

    Not all abuse is the same, and we should be clear here as to what the FBI actually did and didn't do. A good analogy here is that an FBI agent using their service firearm to unjustly shoot and kill a civilian is different from FBI agents failing to keep track of which agents have which guns and make sure they return them when they leave the agency. One case you expect criminal prosecution and the other case you'd expect some administrative action.

    Same here. No one is alleging that the FBI used these Patriot Act powers outside of their intended purpose. What the FBI didn't do, that they should have, was properly account for the letters they did use, specifically, properly count the number used, and properly follow up with the recipients of the letters.

    So yes, if FBI agents were using this power to get information that the law was not designed for them to get, then I'd expect criminal prosecution. But, as it appears is the case, the FBI just didn't properly ACCOUNT for the letters they did use, an administrative penalty seems perfectly sufficient to address the problem.

    That all, of course, is separate from the issue of whether this law should exist at all (it shouldn't).

  18. As if this is news. by Grendel+Drago · · Score: 4, Interesting
    As by meringuoid said more than a year ago:

    A helpful guideline: Whenever a controversial law is proposed, and its supporters, when confronted with an egregious abuse it would permit, use a phrase along the lines of 'Perhaps in theory, but the law would never be applied in that way' - they're lying. They intend to use the law that way as early and as often as possible.
    --
    Laws do not persuade just because they threaten. --Seneca
  19. Re:Wait a minute, aren't we missing something here by Rob+the+Bold · · Score: 4, Insightful

    So somebody please explain to me who was harmed by these FBI "crimes." I would love to hear one actual, real concrete example of one person whose fundamental, inalienable rights were violated by this.

    I'm waiting.

    (and I probably will be for a while.)

    Since the first rule of National Security Letters is not to talk about National Security Letters, then ya, it will be a good while till you hear an actual example.

    Or did you mean that surveillance, eavesdropping, searching and financial snooping aren't violations of fundamental, inalienable rights? If that's the case, I won't argue. If we can't agree on what's fundamental, there's nothing really to discuss. BTW, can I have your SSN?

    --
    I am not a crackpot.
  20. Re:And yesterday Captain America was shot to death by Peter+Trepan · · Score: 4, Funny

    Don't drag Cheney into this. Yes, he was hunting again, but he was hundreds of miles away when Captain America was shot.

    --

    Step into a huge movement. Don't Tread In Me.

  21. The government itself says that abuses happened by Anonymous Coward · · Score: 3, Informative

    The spokesperson of the Justice department has conceded that abuses have occurred. He categorized them as being ``small in number'' and asserted that ``it appears'' that no harm was done to either individual persons or corporations.

    So your analogy isn't very apt; it's more like a police bureau not only not tracking the issuing of bureau firearms to officers but saying that it didn't keep track and in a large number of situations they have been fired in situations that did not warrant that extent of force but that situations where intent was malicious were small in number and that it doesn't look like any innocent bystanders were hit.

    Read the government's own report on the matter. The incidents categorized as ``improper'' fit the analogy you brought up. These are incidents where the appropriate paper work simply wasn't done or was done incorrectly. But there are also incidents categorized as ``illegal.'' These are incidents where the FBI retrieved email, phone records, or financial information in an illegal fashion. The report lists four incidents of this type. This says to me that any FBI agent presently has the ability to get almost any information he or she desires. I'd feel a lot more comfortable if the report had detailed disciplinary actions taken against the agents responsible for these abuses.

    But of more concern to me are the nineteen incidents where the recipient of the letter responded with information outside the scope of the letter that was (in most cases) illegal for the recipients to furnish without a court order. It isn't just the FBI at fault here, it's also the telecoms, ISPs and credit bureaus who are abusing their positions of power.

  22. It's starting all over again by rfc1394 · · Score: 4, Insightful

    Back in the 1960s and 1970s, as a result of FBI abuses including targeting of dissident groups, new laws were passed and court decisions occurred putting restrictions on the FBI and on state and local police because of agency misconduct. Consider Bull Connor and his thugs at the Birmingham (Alabama) Police, who felt the appropriate response for peaceful protests was attack dogs and firehosing. We did not 'hobble' them because we wanted to let criminals get away with things, we put restrictions on police because they could not be trusted not to abuse their authority.

    You didn't get decisions like Miranda , Escobedo , Mapp , and others because it was thought that it would be a good idea to make the job of law enforcement more difficult, but because law enforcement was acting in an improper and often illegal fashion. Depriving police of the ability to use illegally obtained evidence, of suppressing forced confessions and other such things would, it was claimed, destroy law enforcement. And you know what happened? Police officers learned, generally, to act within the rules, to be professional and to work on finding evidence in a proper manner. But it still wasn't enough.

    The Govenor of Illinois had to commute the death sentences of over 150 because of police and prosecutorial misconduct, including cases where prosecutors sought death sentences and sent people they knew were innocent to death row. The incident was so bad that some prosecutors were arrested for misconduct.

    There is an old saying in Latin, Quos custodes ipsos custodes?, i.e. Who will watch the watchers? When the police don't have serious restrictions, they will do anything they can get away with. Sometimes the police act properly and in a professinal manner. Sometimes the police can be almost as bad as the people they are supposed to catch.

    --
    The lessons of history teach us - if they teach us anything - that nobody learns the lessons that history teaches us.