NSLs and how far the Fed will go invading privacy.

topic posted Thu, April 3, 2008 - 6:34 AM by  Zippy
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National Security Letters ( NSL) circumvent the Courts and are used illegally to invade privacy.

NSLs are tools (authorized by the Patriot Act) used by the government in an investigation much like a subpoena is used by Attorneys in investigations that allow the Fed to obtain substantial amounts of personal information on an individual’s activities such as phone internet and financial matters. Unlike a subpoena the NSL inquiry does not invoke the power of the Courts allowing the whole investigation to occur in secret. The Patriot act compels compliance with an NSL of whom ever receives one in most circumstances.
More on NSLs here: tinyurl.com/33ec9m
and tinyurl.com/2u4fpj


The Department of Defense is accused by-passing legal limitations regarding the National Security Letters (NSL) ( here: tinyurl.com/22rozm and here: tinyurl.com/2cfyt4 ).


The DOD is having the FBI intercede by VIA its ability to issue an NSL because the FBI has a broader power base from which to do, so or so the ACLU claims (here: tinyurl.com/233ddt ). Melissa Goodman of the ACLU is quotes as saying that “It looks like the Defense Department is evading the legal limits placed on the military's surveillance powers by simply getting the FBI to do its bidding” and accused the FBI of abusing its powers ( see prior link).


The ACLU’s report comes hard on the tail of a review of thousands (literally thousands) of documents ( see ACLU material here: tinyurl.com/ywrqqf ) whcih the ACLU obtained from the DOD in its lawsuit (here: tinyurl.com/237vso ).

The lawsuit was designed to force the DOD to surrender documents which the ACLU claimed pertained to the NSLs. The ACLU also wanted personnel records.

Subsequent to its review of the materials obtained the ACLU insists that the DOD expanded it’s application of the NSL beyond merely investigating military and DOD personnel. The ACLU also claims that the DOD was irresponsible in tracking and managing the NSLs and information they obtained.

Some months ago the FBI conducted an internal review of its NSL use (De-classified text here: tinyurl.com/2yqlxd) finding that of 233 unauthorized NSLs issues in 2006 many resulted in improper an unauthorized collection of credit reports of individuals. (FBI background information here: tinyurl.com/29f6vx )(Initial FBI review here: tinyurl.com/28rmu6 )(Congressional Research Service report here: tinyurl.com/22rozm ).
The Washington Post claims the FBI has violated over a thousand individuals privacy with unauthorized NSLs. (here: tinyurl.com/ypc898 ).
AP news here: tinyurl.com/2e9zhr
MyWay news here: tinyurl.com/3af6m7


NSLs and their application initially came into question in May 2004 when Brandon Mayfield ( an Oregon attorney) was arrested and detained on the strength of information obtained illegally using an NSL (Federal court ruling here: tinyurl.com/2xmsjq ). The Federal court found the use of the NSLs in this matter to have been unconstitutional.

The specific provisions of the Patriot that were challenged act were 50 U.S.C. §§ 1804 and 1823. Relying on United States v. United States District
Court, 407 U.S. 297 (1972) The Brandon Court held those provision to violate the Fourth Amendment of the US Constitution.


The scope of enforcement’s use of NSLs is unknown. In the past the FBI has even used NSLs to investigate cold cases (here: tinyurl.com/37kyt3 )

More here
tinyurl.com/3af6m7
tinyurl.com/2ru2hh
tinyurl.com/326q9h
tinyurl.com/357gam
posted by:
Zippy

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