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Congress Expands FBI Spying Power By Ryan Singel
Story location: http://www.wired.com/news/politics/0,1283,61341,00.html

02:00 AM Nov. 24, 2003 PT

Congress approved a bill on Friday that expands the reach of the Patriot Act, reduces oversight of the FBI and intelligence agencies and, according to critics, shifts the balance of power away from the legislature and the courts.

A provision of an intelligence spending bill will expand the power of the FBI to subpoena business documents and transactions from a broader range of businesses -- everything from libraries to travel agencies to eBay -- without first seeking approval from a judge.

Under the Patriot Act, the FBI can acquire bank records and Internet or phone logs simply by issuing itself a so-called national security letter saying the records are relevant to an investigation into terrorism. The FBI doesn't need to show probable cause or consult a judge. What's more, the target institution is issued a gag order and kept from revealing the subpoena's existence to anyone, including the subject of the investigation.

The new provision in the spending bill redefines the meaning of "financial institution" and "financial transaction." The wider definition explicitly includes insurance companies, real estate agents, the U.S. Postal Service, travel agencies, casinos, pawn shops, ISPs, car dealers and any other business whose "cash transactions have a high degree of usefulness in criminal, tax or regulatory matters."

Justice Department officials tried earlier this year to write a bill to expand the Patriot Act. A draft -- dubbed Patriot II -- was leaked and caused such an uproar that Justice officials backed down. The new provision inserts one of the most controversial aspects of Patriot II into the spending bill.

Intelligence spending bills are considered sensitive, so they are usually drafted in secret and approved without debate or public comment.

Chris Schroeder, a Duke law professor and former assistant attorney general in the office of legal counsel at the Justice Department, said the re-insertion shows that "people who want to expand the powers of the FBI didn't want to stop after Patriot II was leaked."

"They are going to insert these provisions on a stealth basis," Schroeder said. "It's insidious."

James X. Dempsey, executive director of the Center for Democracy and Technology, echoed Shroeder's analysis.

"On its face, it's a cryptic and seemingly innocuous amendment," Dempsey said. "It wasn't until after it passed both houses that we saw it. The FBI and CIA like to try to graft things like this into intelligence bills."

House Intelligence Committee chairman Porter Goss (R-Florida) defended the new definition, saying it was necessary to keep pace with terrorists and the changing economy.

"This provision brings the definition of 'financial institution' up to date with the reality of the financial industry," Goss said on the House floor. "This provision will allow those tracking terrorists and spies to 'follow the money' more effectively and thereby protect the people of the United States more effectively."

The expansion surprised many in Congress, including some members of the intelligence committees who recently began reconsidering the scope of the Patriot Act.

Timothy Edgar, legislative counsel for the American Civil Liberties Union, decried the expansion of an executive power that is not subject to judicial oversight.

"The more that checks and balances against government abuse are eroded, the greater that abuse," Edgar said. "We're going to regret these initiatives down the road."

National security letters, or NSLs, are among the most-used antiterrorism powers, and are among the least-known or scrutinized. The Bush administration has pushed to expand their use. In the spring, it tried unsuccessfully to allow the CIA and the military the right to issue such subpoenas.

The FBI says it can't say how many times it has issued itself NSLs because of national security. A few weeks ago, civil liberties groups forced the Justice Department to release some of those records, but Justice handed over a six-page, blacked-out list.

Other portions of the funding bill eliminate annual reports to Congress on several controversial matters, such as foreign companies' involvement in the spread of weapons of mass destruction, the effectiveness of the intelligence community and antidrug efforts.

The bill also nixes reports on how many times national security letters are used to access individuals' credit reports.

After a joint committee reconciled the two versions of the bill, both houses had to vote to approve the compromise version, which is usually considered a formality. While Friday's Senate vote was a voice vote, on Thursday, 15 Republicans in the House broke ranks and voted against the entire intelligence-funding bill in protest of the national security provision. The bill passed by a vote of 264 to 163.

Though debate was limited, a handful of representatives, including Butch Otter (R-Idaho), spoke out against the bill.

"In our fight for our nation to make the world a safe place, we must not turn our backs on our own freedoms," Otter said. "Expanding the use of administrative subpoenas and threatening our system of checks and balances is a step in the wrong direction."

The ACLU's Edgar said he was surprised by the extent of the Republican defections. It shows how views in both parties have changed about granting unchecked antiterrorism powers.

Edgar also argued the extension may anger strong interest groups -- such as casinos, Realtors and travel agents -- who previously weren't part of the civil liberties debate.

"They had no idea this was coming," Edgar said. "This is going to help to continue to expand the list of people and organizations that are asking questions about civil liberties and Patriot Act powers."

Members of Congress who were upset by the provisions and the process that led to their passage may hold hearings on the matter early next year.

Neither the chairman of the Senate Select Committee on Intelligence, Sen. Pat Roberts (R-Kansas) nor the ranking minority member, Sen. Jay Rockefeller (D-West Virginia), responded to requests for comment.

The FBI directed press calls to the Department of Justice, which didn't respond by press time.

The Justice Department has vigorously defended its use of the Patriot Act for both terrorist and nonterrorist investigations and set up a website to respond to its critics.

this is why the line item veto was so important. Kinda reminds me whe J Edgar Hoover ran the FBI. He had so many illegal files, survalance and wiretaps on file it was incredible.

compmore -- yes, this is becoming EXACTLY like when Hoover ran the FBI.

The only diff when Hoover ran
"the Bureau" was that the director had to dress up in women's clothes...

LOL nice Code........

anyone want to see carey sue in a dress? not me

1930 - 1938 germany have we not learned anything at all. our forefathers are all crying. that is not what my family in WW1 WW2 Korea vietnam the gulf war fought for. little buy little it is going going goneeeeeeeeeeee

back in WW1 congress passed a law (can't remember it's name) but it forbade U.S citizens from even speaking out against the government or the war. It trampled civil rights as bad or worse than the patriot act. though there were cries against it and many went to jail for speaking their mind the country was caught up in a patriotic ferver that supported it. The law, I think (I could be wrong and I'm sure I'll be corrected if I am) lasted only until the war ended.

Cival rights going away in a time of war for protection to a country is something i dont side with, but may be halpful to winning the war. Reducing cival rights in the face of an unjust war is a terrible thing, and whats worse is the lack of opposition to the bill.

The war on terror is unjust? I suppose you'd prefer the Islamists blowing up your town instead of us fighting them in their towns. Oh well, can't please everyone.

I do agree that the erosion of our constitutional rights is appalling, and war is no excuse. The USA was founded on principles of individual liberty, and if they fall, she falls.

Yes the "War on Terror" is unjust, primarily because, (since you haven't noticed) it's got nothing to do with stopping terrorism, and everything to do with making you ask questions like that instead of looking for things like "SOA," or "FTAA/NAFTA" on google.

Questions: Where is Osama? Who supported him prior to 9/11? Where is Hussein? Who supported him prior to the Iraq invasion? Who was protesting their support before all this mess? Who is protesting current practices of our administration? Who are the most likely to get investigated, harrassed, and have their civil rights violated as a result of these new laws?

bush had two years now Osama? should have went after him. not Hussein he was not hiding him in fact they only had one thing in common they both hated the USA other than that they hated each other. we have nothing to show the world no mass weapons of destruction etc how the hell would a scud missile hit the USA from Iraq. it was one big lie after another. now go after terrorism from country to country with every country helping each other.

Welcome to the Union of Soviet Socialist States. The KGB err FBI/CIA is waiting to see you. Pick up some Vodka on your way out, it will ease the pain.

oh by the way Iraq is not war on terror it is a war about money and oil look at the companies makeing the money without haveing to bid on it millionsssssssss yes hussein should be out of Iraq and in jail but the U. N. should have done it not the U. S.

Osama is a joke.... A puppet used to manipulate minds. As far as the patriots act goes.... trying to keep lunatics out of our country has nothing to do with monitoring every move of your citizens, and it that is the only way we are better off with the terrorist. If we dont keep our freedom we have nothing to fight for. If you ask me I have seen more terror causes by the politicians and agencies of this country than any foreign freaks. But that is what terrorist do now isn't it. I guess we are loosing the war.

not just where is Osama.. he didn't even get Saddam either.. and with Osama now the Bush administration is saying that Osama is no big deal now! They say they know where he's hiding etc!!! Bushes grand dad was a nazi supporter by the way! Runs in the family!!!! okay I'm off here now cause I am so PI$$ED that people actually voted for a nazi regime!!!!

Not all muslims are terrorists, but Bush would like you to think they are. Stereotypes are dumb.

I cannot tell you how I know this. But I assure you that our government's intelligence community is completely incompetant and really does not care enough to actually do much of anything. Not to mention that they are incredibly undermanned and lack the necessary resources to police everyone. Of course, the real insult is that they are not focusing their limited resources on the real threats that endanger this country. You must also understand that they lack the conviction and fanatisism that the nazis and other fascists of other nations have had. These individuals do not care about the lives of American's. They are driven by budgets instead of ideals. So long as they are able to manipulate the public into feeding them more than enough money, they will be happy. Feed the beast and you keep him at bay. I would not expect them be any more of the nuisance than they are now. They will survey and/or arrest a few people to prove that they are not inept. But beyond that, you have nothing to fear.

Feisar: I can tell you either work for the govt. or are close to people who work for the govt. because you are pretty much right on the money. They are much more concerned with covering up their incompetence than actually doing something to help. After all, if you do something you might screw up and if you screw up you might lose your job and your pension. : )

how can you support a government that thinks so little of its' people that it has to abuse its' position in order to intimidate, lie and imprison you just on a "hunch" now?

Under the Patriot Act, the FBI can acquire bank records and Internet or phone logs simply by issuing itself a so-called national security letter saying the records are relevant to an investigation into terrorism. The FBI doesn't need to show probable cause or consult a judge. What's more, the target institution is issued a gag order and kept from revealing the subpoena's existence to anyone, including the subject of the investigation.

well, i hope they read this cos YOU SUCK! YOUR LAW SUCKS! FBI? Failing Bigotted Imbeciles.

hell, Hoover will pale into insignificance compared to the present system given this rate of change

God help us.

We worry about human rights and everything that has to do with every other country but our own, who the hell in their right mind would want the DMCA,FTAA,the patriot act I,II and all the other bogus garbage to be enacted unless someone gains from it our rights don't matter anymore to the gov. big corp. this used to be a better country than it is now.
I hate to say this but CANADA is more AMERICA than AMERICA is everyday.