Adam Serwer highlights only the most recent encroachment on civil liberties undertaken by an executive branch that is, in this regard, as avaracious in its appetites with Democrats in charges as with Republicans:
Civil libertarians have been trying to add more restrictions to the FBI’s National Security Letters since their use exploded after the attacks of September 11th. NSLs, which allow the government to obtain private records from commercial and financial institutions without a warrant as long as they deem them “relevant” to an investigation–with a gag order that stops companies from mentioning they’ve received them for good measure. Internal Justice Department reports have found NSLs are subject to widespread abuse. Last year, Senator Russ Feingold along with some Democrats in the House tried to rein in NSLs by requiring that the FBI show the information is somehow relevant to terrorism or espionage, but they were stymied by members of their own party.
Today, the Washington Post reports that the Obama administration wants Congress to expand the type of data that can be gained through the use of National Security Letters.
The administration wants to add just four words — “electronic communication transactional records” — to a list of items that the law says the FBI may demand without a judge’s approval. Government lawyers say this category of information includes the addresses to which an Internet user sends e-mail; the times and dates e-mail was sent and received; and possibly a user’s browser history. It does not include, the lawyers hasten to point out, the “content” of e-mail or other Internet communication.
This is on the heels…of the administration blocking reasonable restrictions on what has objectively been widespread misuse of NSLs…Having acted irresponsibly with the surveillance power it already has, and blocked reform that would have made the government more accountable, the Obama administration now wants even more power to violate the privacy rights of American citizens. When it comes to national security, there’s nothing like failed government performance to justify giving the government more power.
There are two points worth emphasizing with respect to the above:
First, “probable cause,” the standard required for law enforcement to get a warrant to gain access to these materials, is by no means an onerous threshold. It is quite low, and hardly a barrier.
Second, even if there is a pressing need to do away with the probable cause test (and it is unlikely that there is), there should at the very least be post hoc review to ensure that there has not been abuse of this rather extraordinary, plausibly unconstitutional, power of search and seizure.
Under the current NSL protocol, not only is external review and reprimand absent, but the companies that are being forced to turn over the applicable records are forbidden from making this fact public.
Related posts:
Hey, wake up and smell the horse manure.
There is not one major difference between the Democratic/Republican party and the Republican/Democratic party.
They are both crap.
Not sort of but totally. Inside the Beltway are some insanely ambitious people who could care less about you and your family, the government, the global warming, the corrupt military/industrial complex. They are all self appointed demigods and with the possible exception of Bernie Sanders of Vermont, they aren’t worth the effort to vote.