Senator Feingold Calls For Swift Action To Protect Privacy Of Americans

Justice Department Report on Use of National Security Letters Shows Continued Problems

March 13, 2008 -- Washington, D.C. – Today, the Department of Justice released its review of the FBI’s use of National Security Letters. Following the report’s release, U.S. Senator Russ Feingold, sponsor of the National Security Letter Reform Act, released the following statement:

“The latest report from the Justice Department’s Inspector General on National Security Letters is further evidence of the need to rein in the unprecedented power given to this administration. The continued misuse of the NSL authority laid out in this report can be directly attributed to the USA Patriot Act, which granted the FBI a blank check to obtain sensitive information about innocent Americans without judicial review. I appreciate that the FBI has made progress in addressing the problems with the use of NSLs first identified by the Inspector General last year, but leaving this to the FBI alone to fix is not the answer – particularly at a time when the administration is undermining other internal oversight mechanisms. After sitting back, year after year and audit after audit, Congress needs to finally put limits on the overbroad authority it granted in the Patriot Act. The Senate should take up and pass the bipartisan NSL Reform Act so our government can actively pursue suspected terrorists while protecting the privacy of innocent Americans.”

Feingold led a bipartisan group of senators in introducing the National Security Letter Reform Act to address the serious misuse of the FBI's national security letter (NSL) authorities. Cosponsors of the bill include Senators John Sununu (R-NH), Dick Durbin (D-IL), Lisa Murkowski (R-AK), Ken Salazar (D-CO), Chuck Hagel (R-NE), Barack Obama (D-IL), Jon Tester (D-MT), Robert Menendez (D-NJ), Bernie Sanders (I-VT), Ted Kennedy (D-MA), and Jeff Bingaman (D-NM). The bill introduced by the senators, many of whom have previously worked together on legislation to amend the Patriot Act to safeguard the rights of law-abiding Americans, provides new statutory safeguards that allow the FBI to continue investigating terrorists and spies but also protect Americans' personal information.

Among the main provisions of the NSL Reform Act are:

* Authorizing the use of National Security Letters to obtain certain less sensitive types of communications records, financial records, and credit report records without judicial review, but with new procedural safeguards to protect against abuse.

* Requiring that the government make an individualized determination that each record sought with an NSL relates to someone with a connection to terrorism or espionage.

* Placing a time limit on the gag order associated with each NSL, which could be extended by a court if the government demonstrates an extension is necessary and the First Amendment is satisfied.
* Requiring that the FBI implement a program to ensure compliance with the NSL statutes and establish a tracking database for NSLs.

* Establishing a standard of individualized suspicion for the issuance of business records orders under Section 215 of the Patriot Act.

* Ensuring meaningful after-the-fact judicial review procedures for NSLs and Section 215 orders and the accompanying gag orders.

* Preventing any future use of improper "exigent" letters identified by the 2007 Inspector General report.

The legislation has received the support of individuals and groups including:

* American Booksellers Foundation for Free Expression
* American Civil Liberties Union
* American Conservative Defense Alliance
* American Library Association
* American Policy Center
* Association of American Publishers
* Association of Research Libraries
* The Honorable Bob Barr, Former Member of Congress
* Bill of Rights Defense Committee
* Center for American Progress Action Fund
* Center for Democracy and Technology
* Center for National Security Studies
* Citizen Outreach
* Downsize DC
* Electronic Frontier Foundation
* David Keene, Chairman of the American Conservative Union and Co-Chair of the Constitution Project’s Liberty & Security Initiative
* League of Women Voters of the United States
* Liberty Coalition
* Grover Norquist, President of Americans for Tax Reform
* Patriots to Restore Checks and Balances
* PEN American Center
* Republican Liberty Caucus
* Rutherford Institute
* U.S. Bill of Rights Foundation