The statute authorizing the use of “national security letters” as amended by the Patriot Act 505(a) contains no judicial oversight. The statute allows the government to compel the production of financial records, credit reports, and telephone, Internet, and other communications or transactional records. The letters can be issued simply on the FBI’s own assertion that they are needed for an investigation, and also contain an automatic and permanent nondisclosure requirement.
Thanks for the level-headed response JB. The NSL letters sound more like subpoenas for information that has no expectation of privacy since we've given to the information to third person providers (ie: internet service providers, phone companies, etc.). Google collects and tracks our net surfing information whether we like it or not. Our e-mails addresses and other personal information such as address and phone number are sold by major retailers after a purchase to companies who then spam us to death. I guess what I'm saying is that this information is just not that "protected". The NSL letters have come under scrutiny and they now require congressional reporting on a yearly basis so at least the government is trying to address areas of the Patriot Act where abuse could take place.
It's not a perfect system. But the rapidly changing technology required a change in the law, especially the wire tap laws. These internet and phone companies are the greatest threat to you and me. They sell "secure" methods of communication as part of their business model. Legally, they have to provide a means to intercept this communication for legitimate, court authorized, law enforcement purposes but this isn't always the case and the companies drag their feet to find a "solution", thus hindering law enforcement. I'm sure you can see the inherent issues and dangers this can cause in a terrorism investigation.
For example, Section 215 requires the FBI to apply to a Foreign Intelligence Surveillance Court to obtain an order for the production of business records. The FBI must only specify that the records pertain to a foreign intelligence investigation, a vague and broad concept. The judge is required to issue the order after the FBI makes this specification, making the judicial review a mere formality than actual oversight.
Section 215 only expanded an already existing law by expanding the scope of records which could be requested. Previously, four types of documents initially could be sought in foreign intelligence or international terrorism investigations, including records from common carriers, hotels, storage facilities, and vehicle rental companies. Does it matter to me that 215 now allows law enforcement to gather records from libraries? Heck, the law's been dubbed the "Library Provision" and the biggest challenge to 215 has come from library advocates. I just don't see where it's that much of a threat and I just don't see where a library should be a place where one could be shielded from law enforcement authorities. If I recall, the 9/11 hijackers were using the library computers to communicate; these folks knew our laws better than we did.
Lastly, roving wiretaps are probably one of the best law enforcement tools from the Patriot Act. Pre-paid phones and the fact that criminals routinely use multiple devices facilitated the need for a change in the wire-tap laws that were probably written in the days before cell phones and computers/internet even existed. The internet has left very little information private. It's all out there. Apply for a loan or a credit card and everyone and their mother will know your information. A few years back I ran my name through a paid search engine/data base and the information is spit back was absolutely incredible and unbelievable, all the way down to in-laws, my wife's history and maiden name, children's names, nick-names I used, and every address, rental and property I've EVER been associated with. It's the world we live in.