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The FBI illegaly used the Patriot Act PDF Print E-mail
Written by Staff Writer   
Mar 09, 2007 at 08:50 PM
The FBI improperly and, in some cases, illegally used the USA Patriot Act to secretly obtain personal information about people in the United States, a Justice Department audit concluded Friday.

And for three years the FBI has underreported to Congress how often it forced businesses to turn over the customer data, the audit found.

FBI agents sometimes demanded the data without proper authorization, according to the 126-page audit by Justice Department Inspector General Glenn Fine. At other times, the audit found, the FBI improperly obtained telephone records in non-emergency circumstances. FBI Director Robert Mueller said he was to blame for not putting more safeguards into place.

“I am to be held accountable,” Mueller said. He told reporters he would correct the problems and did not plan to resign.

“The inspector general went and did the audit that I should have put in place many years ago,” Mueller said.

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.

Attorney General Alberto Gonzales, who oversees the FBI, said the problems outlined in the report involved no intentional wrongdoing. In remarks prepared for delivery to privacy officials late Friday, Gonzales said that “there is no excuse for the mistakes that have been made, and we are going to make things right as quickly as possible.”

At issue are the security letters, a power outlined in the Patriot Act that the Bush administration pushed through Congress after the Sept. 11, 2001, terror attacks. The letters, or administrative subpoenas, are used in suspected terrorism and espionage cases. They allow the FBI to require telephone companies, Internet service providers, banks, credit bureaus and other businesses to produce highly personal records about their customers or subscribers — without a judge's approval.

About three-fourths of the national security letters were issued for counterterror cases, and the other fourth for spy investigations.

Fine's annual review is required by Congress, over the objections of the Bush administration. The audit released Friday found that the number of national security letters issued by the FBI skyrocketed in the years after the Patriot Act became law.

In 2000, for example, the FBI issued an estimated 8,500 letters. By 2003, however, that number jumped to 39,000. It rose again the next year, to about 56,000 letters in 2004, and dropped to approximately 47,000 in 2005.
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