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House committee hears testimony on FBI phone records collection

By Bernard Hibbitts (editor) and University of Pittsburgh School of Law students.

[JURIST] US Department of Justice (DOJ) Inspector General Glenn Fine and FBI General Counsel Valerie Caproni testified Thursday before the House Judiciary Subcommittee on the Constitution, Civil Rights, and Civil Liberties regarding governmental abuse of National Security Letters (NSLs). Committee members were angered by the FBI's use of "exigent letters," which lack any statutory authority, as a means by which to circumvent proper NSL protocol. Their appearance follows the January release of a DOJ report that documented hundreds of instances of FBI officials employing the tactic to improperly gain access to personal records. House Judiciary Chair John Conyers (D-MI) condemned the practice, saying: Today's hearing showed that the FBI broke the law on telephone records privacy and the General Counsel's Office, headed by Valerie Caproni, sanctioned it and must face consequences. I call upon FBI Director Mueller to take immediate action to punish those who violated the rules, including firing them from the agency. This must include the FBI Office of General Counsel, headed by Valerie Caproni, which the IG testified today had "approved continued use" of exigent letters and "provided legal advice that was inconsistent with" federal law.The American Civil Liberties Union (ACLU) expressed similar disappointment for what it called "blatant and systematic abuse," and pushed for swift reform.Fine previously testified before the Senate Judiciary Committee in September that the FBI had significantly understated the number of NSL requests from 2003 to 2006. Fine noted that FBI officials had "devoted significant time, energy, and resources to correcting its errors," but that it was "too early to definitively state whether the FBI's efforts have eliminated the problems." The FBI began the practice of allowing supervisors to authorize collection of phone records on the basis of emergency situations shortly after the Patriot Act was passed in October 2001. The collection of telephone records on the basis of non-existent emergencies is a violation of the Electronic Communications Privacy Act (ECPA).

Full post as published by JURIST - The Paper Chase on April 15, 2010 (boomark / email).