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White House Proposal Will Ease FBI Acess


Posted: Jul 30, 2010

Everyone screamed about Bush's Patriot Act... Read this:

The Obama administration is seeking to make it easier for the FBI to compel companies to turn over records of an individual's Internet activity without a court order if agents deem the information relevant to a terrorism or intelligence investigation.

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.

But what officials portray as a technical clarification designed to remedy a legal ambiguity strikes industry lawyers and privacy advocates as an expansion of the power the government wields through so-called national security letters. These missives, which can be issued by an FBI field office on its own authority, require the recipient to provide the requested information and to keep the request secret. They are the mechanism the government would use to obtain the electronic records.

Stewart A. Baker, a former senior Bush administration Homeland Security official, said the proposed change would broaden the bureau's authority. "It'll be faster and easier to get the data," said Baker, who practices national security and surveillance law. "And for some Internet providers, it'll mean giving a lot more information to the FBI in response to an NSL."

Many Internet service providers have resisted the government's demands to turn over electronic records, arguing that surveillance law as written does not allow them to do so, industry lawyers say. One senior administration government official, who would discuss the proposed change only on condition of anonymity, countered that "most" Internet or e-mail providers do turn over such data.

To critics, the move is another example of an administration retreating from campaign pledges to enhance civil liberties in relation to national security. The proposal is "incredibly bold, given the amount of electronic data the government is already getting," said Michelle Richardson, American Civil Liberties Union legislative counsel.

The critics say its effect would be to greatly expand the amount and type of personal data the government can obtain without a court order. "You're bringing a big category of data -- records reflecting who someone is communicating with in the digital world, Web browsing history and potentially location information -- outside of judicial review," said Michael Sussmann, a Justice Department lawyer under President Bill Clinton who now represents Internet and other firms.

Lots more here:

http://www.washingtonpost.com/wp-dyn/content/article/2010/07/28/AR2010072806141.html?wpisrc=nl_pmheadline

;

Don'tcha know it is okay for crats - sm

[ In Reply To ..]
to take away our privacy. This is another one of those double standards the blinded party liners can't see. They hated it when Bush did it but Obama does no wrong. Gotta love hypocrisy and politics is full of nothing but hypocrits.

Do you know the difference between proposed and passed? - Why do you

[ In Reply To ..]
presume to speak for a party position on a measure that has not even been through the process yet? I seriously doubt it would fly. For the record, I am as progressive as they come and am dead set against this. I also know for a fact that if this even begins to go anywhere, the same groups that organized against the Patriot Act and in favor of net neutrality would mobilize all over again.

Just the very idea of crats suggesting even - sm

[ In Reply To ..]
thinking about this is hypocritical enough for me.

As for the rest of your statement....I have yet to see many liberals and/or progressives (whatever ya'll wanna call yourselves these days) hold Obama accountable for things he has already done that are basically continuing what Bush did. I would like to believe you guys would stand up to him about something but I have yet to see it.

Obama is the president of broken promises and even though his approval ratings are very low....the left still praises and applauds him every time he spends more and blames Bush for it.

I will believe you guys standing up against Obama when I see it. Until then, I have seen very little anger from the left when there should be.

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