National Security Letters...An Important Investigative Tool for the FBI

By Dennis Lormel

Periodically, media stories appear articulating a sense of concern about the increased use of National Security Letters (NSLs) by the FBI since 9/11. Civil libertarians and critics of the FBI use these reports as a platform to voice apprehension about the perceived abuse of authority and infringement on personal rights and freedoms.

The Inspector General (IG), U.S. Department of Justice, has issued a report delineating audit findings identifying significant deficiencies in NSL recordkeeping and reporting processes. This determination is quite troubling and inexcusable. Disclosure of this report has obviously garnered considerable and deserved media scrutiny. However, before there is a rush to judgment and a race for juicy media sound bites about infringements of privacy and civil liberties and calls for eliminating or diminishing the program, the pertinent facts must be assessed and placed in proper context.

As mentioned above, the reported discrepancies are inexcusable and unacceptable. Immediate steps must be taken to correct all deficiencies. The FBI has issued statements acknowledging the accuracy and fairness of the IG report. More importantly, the FBI has indicated they have taken steps and will further take action necessary to rectify reporting deficiencies. In his response, FBI Director Robert Mueller stated “We strive to exercise our authorities consistent with privacy protections and civil liberties that we are sworn to uphold. Anything less will not be tolerated. This statement is the central point in this situation. Having been a former executive in the FBI dealing with financial records and terrorist financing issues, privacy rights and civil liberties were critically important to me. On numerous occasions, I heard Director Mueller reinforce the FBI’s responsibility to protect the civil liberties of our citizenry.

The problems identified by the IG are problems of process in terms of recordkeeping and reporting, which are administrative. The process in terms of operation and use of the information has not been problematic. The IG found no deliberate or intentional misuse of authority, meaning there were no infringements on privacy rights or civil liberties. Even though recordkeeping and reporting was inadequate, actual use of information was appropriate.

By way of background, an NSL is a letter requesting information from a third party. It is like a grand jury subpoena and is often used in counterintelligence and counterterrorism investigations. In the post 9/11 environment, NSLs have been an indispensable investigative tool. NSLs have contributed significantly to the FBI’s ability to carry out its national security responsibilities.

Before rushing to judgment and calling for the restriction or elimination of the NSL program, critics should remember that the problem is administrative, not operational. As such, civil liberties are not at risk. The only true risk is to national security if this issue escalates as a platform to diminish or eliminate an important investigative tool.

TrackBack