Records requests misused.

• Author: Swartz, Nikki
• Position: UP FRONT: News, Trends & Analysis - Brief article

According to a U.S. Justice Department investigation, the FBI has improperly--and perhaps even illegally--used subpoena powers granted under the USA PATRIOT Act to obtain personal information about Americans without prior judicial approval. And, the investigation found, the agency underreported to Congress how often it demanded telephone, e-mail, and financial customer records from businesses.

At issue are national security letters (NSLs), which are used to obtain the personal records of U.S. residents or visitors. The Patriot Act allows the FBI and other agencies to issue them without a court or judge's prior consent. Previously, the letters were used only in espionage and terrorism cases, but since the Patriot Act, their use has been expanded, allowing the FBI to obtain the personal records of those who are the subjects of any investigation if the FBI deems them relevant and authorizes them, The New York Times said.

The Justice Department's report found that the program lacks effective...