The FBI use of “national security letters” to obtain information on Americans shot up from 16,804 in 2007 to 24,744 in 2008. But its wiretap requests decreased in the same period.
According to a Department of Justice report (opens in PDF), the FBI’s ability to get so-called “national security letters” to obtain information on Americans without a court order increased dramatically last year. They sent these self-authorized subpoenas 24,744 times in 2008, targeting 2,225 different Americans.
That 27,744 figure is still lower than the 2006 high of 49,000.
National security letters allow the FBI to get info on people through Internet service providers, telecom companies, financial institutions and other similar companies. These businesses must comply with the NSL and hand over email addresses, phone numbers and subscriber information relevant to the case.
NSLs have been sent out since the 1980s. After 9/11, the Patriot Act expanded the type of records that could be obtained with an NSL, which do not require court approval.
With an NSL, the FBI need to just assert that the information is “relevant” to an investigation, and anyone who receives a national security letter isn’t allowed to disclose that they’ve gotten the request. It is unclear how many arrests or convictions have resulted from recent NSLs.
