Post by unlawflcombatnt on Dec 13, 2010 2:34:47 GMT -6
Since I've been personally harmed by National Security Letters (NSLs), it seemed like the subject is worth a separate post.
In general, a national security letter allows the FBI to force any entity to divulge any private information the FBI seeks, without a search warrant. Thought it is supposed to be limited to potential terrorists, in reality it can be used on anyone for any reason whatsoever.
Additionally, the party divulging the information is forbidden from informing the person whose information it gave to the FBI about the information.
As of last check, Obama has not only renewed this aspect of the Patriot Act, but he has sought to expand it.
from the Electronic Freedom Foundation (EFF):
National Security Letters
"Of all the dangerous government surveillance powers that were expanded by the USA PATRIOT Act, the National Security Letter (NSL) power under 18 U.S.C. § 2709 as expanded by PATRIOT Section 505 is one of the most frightening and invasive. These letters, served on communications service providers like phone companies and ISPs, allow the FBI to secretly demand data about ordinary American citizens' private communications and Internet activity without any meaningful oversight or prior judicial review. Recipients of NSLs are subject to a gag order that forbids them from ever revealing the letters' existence to their coworkers, to their friends, or even to their family members, much less the public.
The FBI's systemic abuse of this power has been documented both by a Department Of Justice investigation and in documents obtained by EFF through a Freedom of Information Act request.
EFF has fought for years to spread awareness of National Security Letters and add accountability and oversight to the process.
In 2007, EFF filed Freedom of Information Act litigation seeking documentation of National Security Letter misuse by the FBI. Thousands of pages of documents were released over a period of four years, leading to repeated revealations of government abuses of power. An EFF report based on these documents led to tough questions for the FBI before Congress. The documents also helped prompt the Senate Judiciary Committee to investigate whether Attorney General Alberto Gonzales lied to Congress.
In 2008, EFF defended the Internet Archive from an inappropriate National Security Letter. Because NSLs come with a gag order, most recipients are unable to ever reveal their existence. However, with the help of EFF and the ACLU, the Internet
Archive fought back and won the right to speak publicly about the letter. As a result, it's become one of the few well-documented and publicly-known cases of NSL use.
EFF has been fighting in Congress for legislative reform of National Security Letters since 2005. In 2009, many hoped that President Obama, having run for office promising to reform Bush-era surveillance abuses, would work with Congress to curb NSL abuse. Unfortunately, the Obama Administration has instead continued to block reform, and has even sought to expand NSL powers."
A personal note here. The FBI can provide a District Attorney with information for an indictment that doesn't even hold up at trial. But the very fact that an indictment was obtained to begin with is the original issue.
98% of indictments in Federal Courts result in CONVICTION or a guilty plea. So the main bar to jump over is the original indictment, not the trial itself. A defendant has a 98% chance of losing at trial with a Federal Indictment. In essence, a defendant in a Federal trial is guilty unless--in the rare instance--he is proven innocent at trial.
So even a half-assed piece of frivolous evidence obtained by a National Security Letter can land an innocent defendant in jail--simply because it resulted in an indictment to begin with.
In general, a national security letter allows the FBI to force any entity to divulge any private information the FBI seeks, without a search warrant. Thought it is supposed to be limited to potential terrorists, in reality it can be used on anyone for any reason whatsoever.
Additionally, the party divulging the information is forbidden from informing the person whose information it gave to the FBI about the information.
As of last check, Obama has not only renewed this aspect of the Patriot Act, but he has sought to expand it.
from the Electronic Freedom Foundation (EFF):
National Security Letters
"Of all the dangerous government surveillance powers that were expanded by the USA PATRIOT Act, the National Security Letter (NSL) power under 18 U.S.C. § 2709 as expanded by PATRIOT Section 505 is one of the most frightening and invasive. These letters, served on communications service providers like phone companies and ISPs, allow the FBI to secretly demand data about ordinary American citizens' private communications and Internet activity without any meaningful oversight or prior judicial review. Recipients of NSLs are subject to a gag order that forbids them from ever revealing the letters' existence to their coworkers, to their friends, or even to their family members, much less the public.
The FBI's systemic abuse of this power has been documented both by a Department Of Justice investigation and in documents obtained by EFF through a Freedom of Information Act request.
EFF has fought for years to spread awareness of National Security Letters and add accountability and oversight to the process.
In 2007, EFF filed Freedom of Information Act litigation seeking documentation of National Security Letter misuse by the FBI. Thousands of pages of documents were released over a period of four years, leading to repeated revealations of government abuses of power. An EFF report based on these documents led to tough questions for the FBI before Congress. The documents also helped prompt the Senate Judiciary Committee to investigate whether Attorney General Alberto Gonzales lied to Congress.
In 2008, EFF defended the Internet Archive from an inappropriate National Security Letter. Because NSLs come with a gag order, most recipients are unable to ever reveal their existence. However, with the help of EFF and the ACLU, the Internet
Archive fought back and won the right to speak publicly about the letter. As a result, it's become one of the few well-documented and publicly-known cases of NSL use.
EFF has been fighting in Congress for legislative reform of National Security Letters since 2005. In 2009, many hoped that President Obama, having run for office promising to reform Bush-era surveillance abuses, would work with Congress to curb NSL abuse. Unfortunately, the Obama Administration has instead continued to block reform, and has even sought to expand NSL powers."
A personal note here. The FBI can provide a District Attorney with information for an indictment that doesn't even hold up at trial. But the very fact that an indictment was obtained to begin with is the original issue.
98% of indictments in Federal Courts result in CONVICTION or a guilty plea. So the main bar to jump over is the original indictment, not the trial itself. A defendant has a 98% chance of losing at trial with a Federal Indictment. In essence, a defendant in a Federal trial is guilty unless--in the rare instance--he is proven innocent at trial.
So even a half-assed piece of frivolous evidence obtained by a National Security Letter can land an innocent defendant in jail--simply because it resulted in an indictment to begin with.