Controversial Invocations of The USA PATRIOT Act - Blanket Requests For Financial Information On Visitors To Las Vegas

Blanket Requests For Financial Information On Visitors To Las Vegas

In November 2005, Business Week reported that the FBI had issued tens of thousands of "National Security Letters" and had obtained one million financial records from the customers of targeted Las Vegas businesses. Selected businesses included casinos, storage warehouses and car rental agencies. An anonymous Justice official claimed that such requests were permitted under section 215 of the USA PATRIOT Act and despite the volume of requests insisted "We are not inclined to ask courts to endorse fishing expeditions". This didn't just include financial records, but credit records, employment records, and in some cases, health records.

Furthermore, this information is databased and maintained indefinitely by the FBI. Previous legislation required that federal law enforcement destroy any records harvested during an investigation that pertained to anyone deemed innocent. The Patriot Act superseded that and now the records are maintained indefinitely. According to the legislation, they may be "shared with third-parties where appropriate" yet nowhere in the legislation does it define who these third parties are or what conditions would be deemed appropriate for the sharing of such records.

The large scale wiretapping and tracing of calls to and from foreign countries also falls under this. Millions of phone records were harvested, fed into a database and were searched for patterns of calling to and from numbers of known terrorists. To date, there have been no announced arrests from this program.

Public libraries have been asked to turn over their records for specific terminals. A few have filed suit, because the National Security Letters that they were presented with were very sweeping, demanding information not just on the individual under investigation, but on everyone who had used specific terminals at the libraries during given time windows. Since many of the users in one case were minor children, one library felt that it had an obligation to notify the parents. The FBI has disagreed and the case is now working its way through the court system.

A National Security Letter can be issued by any FBI agent with the rank of Field Supervisor or above, at their discretion. It does not require a judge or probable cause, as does a search warrant.

Read more about this topic:  Controversial Invocations Of The USA PATRIOT Act

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