Reps. Nadler, Cicilline Demand Answers on FBI’s Use of Non-Court Approved Surveillance
|FOR IMMEDIATE RELEASE: Wednesday, February 19, 2014
Aaron Keyak (Nadler), (202) 225-5635
Andrew Gernt (Cicilline), (202) 225-4911
WASHINGTON, D.C. – Today, Congressmen Jerrold Nadler (NY-10) and David Cicilline (RI-1), both members of the House Judiciary Committee, sent a letter to United States Attorney General Eric Holder. The letter asks questions raised by the February 4, 2014 testimony of Deputy Attorney General James Cole regarding the use of non-court approved surveillance methods, known as National Security Letters (NSLs), which are issued at the sole discretion of the FBI.
“The government uses Section 215 of the USA PATRIOT Act and National Security Letters to get at the same kind of information, and does so frequently, interchangeably, and without adequate explanation to Congress,” said the two signers.
“Congress and the American public have understandably focused on the government’s bulk collection of telephone metadata under Section 215 of the USA PATRIOT Act, but National Security Letters are often used to get at the same kind of information without involving any form of court approval,” they continued. “This is deeply troubling and, therefore, addressing the proper use of NSLs must be part of any meaningful reform of government surveillance authorities. We look forward to working with the Administration as we find a path forward on this issue.”
The text of the letter is below.
February 19, 2014
The Honorable Eric Holder, Attorney General
Dear Attorney General:
Over the past several months, the media has focused on Section 215 of the USA PATRIOT Act. Section 215 permits the government to obtain “any tangible thing” if there are “reasonable grounds to believe” the information sought is “relevant” to an investigation “to obtain foreign intelligence information not concerning a United States person or to protect against international terrorism or clandestine intelligence activities.”1
Under this authority, the National Security Agency collects records on virtually every phone call made in the United States. We understand that the Federal Bureau of Investigation may also use Section 215 to collect telephone records on a case-by-case basis. Section 215, of course, requires the government to obtain the approval of the Foreign Intelligence Surveillance Court before it may demand these records from a communications service provider.
On February 4, 2014, at a full committee hearing of the House Judiciary Committee, we questioned Deputy Attorney General James M. Cole about a different investigative tool—National Security Letters, or “NSLs.”
NSLs permit the FBI to obtain, among other things, telephone records, email subscriber information, and financial transaction records that are “relevant to an authorized investigation to protect against international terrorism or clandestine intelligence activities.”2 NSLs are issued by senior FBI officials. No judicial finding is necessary.
The Review Group on Intelligence and Communications Technologies noted that “foreign intelligence investigations are especially likely to implicate highly sensitive and personal information and to have potentially severe consequences for the individuals under investigation.”3 The Review Group was “unable to identify a principled reason why NSLs should be issued by FBI officials when section 215 orders . . . must be issued by the FISC,”4 and therefore recommended that “all statutes authorizing the use of National Security Letters should be amended to require the use of the same oversight, minimization, retention, and dissemination standards that currently govern the use of section 215 orders.”5
As we consider reforms to the government’s surveillance capabilities, it would be helpful to understand more about the interplay between Section 215 and NSLs. To that end, we ask the following questions:
Although the government periodically reports certain aggregate numbers to the House Judiciary Committee, we require a side-by-side comparison of (1) the FBI’s use of NSLs, (2) the FBI’s use of Section 215, and (3) the NSA’s use of Section 215, which often generates leads for the FBI.
We therefore request that you provide, for all fiscal years from 2006 to the latest available reporting period, the following information:
We ask that you provide this information as soon possible, but no later than March 7, 2014.
Thank you for your prompt attention to this matter. If you have any questions, please contact John Doty from Congressman Nadler’s Office at 202.225.5635 or William Walsh from Congressman Cicilline’s Office at 202.225.4911.
Jerrold Nadler David Cicilline
cc: James M. Cole, Deputy Attorney General of the United States
1) 50 U.S.C. § 1861(b)(2).