FBI asks Congress for power to seize documents

While you my dear friends in the United States on this board argue/debate whatever about the war in Iraq/Afghanistan, your own FBI is waging a war of terror against you.

The news item printed below I got from a US Library listserv, your librarians are fighting a not so silent war defending your right to read what you want without the FBI looking over your shoulder.

Now the FBI wants more power to go after you.

From Reuters

FBI asks Congress for power to seize documents
Tue May 24, 2005 06:51 PM ET


By Alan Elsner
WASHINGTON (Reuters) - The FBI on Tuesday asked the U.S. Congress for sweeping new powers to seize business or private records, ranging from medical information to book purchases, to investigate terrorism without first securing approval from a judge.

Valerie Caproni, FBI general counsel, told the U.S. Senate Intelligence Committee her agency needed the power to issue what are known as administrative subpoenas to get information quickly about terrorist plots and the activities of foreign agents.

Civil liberties groups have complained the subpoenas, which would cover medical, tax, gun-purchase, book purchase, travel and other records and could be kept secret, would give the FBI too much power and could infringe on privacy and free speech.

“This type of subpoena authority would allow investigators to obtain relevant information quickly in terrorism investigations, where time is often of the essence,” Caproni testified.

The issue of administrative subpoenas dominated the hearing, which was called to discuss reauthorization of clauses of the USA Patriot Act due to expire at the end of this year.

The act was passed shortly after the Sept. 11, 2001, attacks. However administrative subpoena power was not in the original law. The proposed new powers, long sought by the FBI, have been added by Republican lawmakers, acting on the wishes of the Bush administration, to the new draft of the USA Patriot Act.

Committee chairman, Kansas Sen. Pat Roberts, noted that other government agencies already had subpoena power to investigate matters such as child pornography, drug investigations and medical malpractice. He said it made little sense to deny those same powers to the FBI to investigate terrorism or keep track of foreign intelligence agents.

But opponents said other investigations usually culminated in a public trial, whereas terrorism probes would likely remain secret and suspects could be arrested or deported or handed over to other countries without any public action.

CLOSED HEARING

Roberts intends to hold a closed meeting on Thursday, above the objections of some Democrats, to move the legislation forward out of his committee. But the provision still faces a long road before it becomes law, since the Senate Judiciary Committee also has jurisdiction over the bill, while the House of Representatives is drawing up its own legislation.

Democrats on the committee expressed concerns and pressed Caproni to give examples of cases where the lack of such powers had hampered an investigation.

“I am not aware of any time in which Congress has given directly to the FBI subpoena authority. That doesn’t make it right or wrong. It just needs to be thought about,” said West Virginia Democrat Jay Rockefeller.

Caproni said she could not cite a case where a bomb had exploded because the FBI lacked this power, but that did not mean one could not explode tomorrow.

She gave a theoretical example of a case where the FBI suspected that a terrorist was about to do something but did not exactly where he was. In such a case, it might subpoena hotel or EZ-pass records, which would show where and when he had driven through toll booths in the eastern United States.

Under the proposed legislation, those served with subpoenas would have the right to challenge them in court. But civil liberties groups said few were likely to do so, and the person being investigated would be unlikely even to know that the FBI was seeking his personal records.

For example, if the FBI demanded a person’s medical records from his doctor, the doctor could challenge the order if he wished, but the individual could not.

“Ordinary citizens are storing information not in their homes or even on portable devices but on networks, under the control of service providers who can be served with compulsory process and never have to tell the subscribers that their privacy has been invaded,” said James Dempsey of the Center for Democracy, one of several groups opposing the provision.

This would make Valerie Putin very happy!

MarkB

Perhaps we should wait and see how Congress handles this before we over the top with statements like “a war of terror agaisnt you”.

This is a request being made of Congress. It’s not a good idea, IMO, and hopefully it will be rejected by Congress.

I intend to contact my Congressman to let him know how I stand on this matter.

I mentioned this in other thread and agree that just because they ask for it, doesn’t mean they’ll get it. I think there will be bi-partisan rejection.

Gee, all this time the gun-owners have been worried about registering their guns. Who knew what they actually needed to be worrying about was their reading material?!?

Susan

The Weekenders wrote

I mentioned this in other thread and agree that just because they ask for it, doesn’t mean they’ll get it. I think there will be bi-partisan rejection.

I dearly hope so. Some public libraries in the US have signs posted warning their customers that what they read or places they have been on the internet could be subject to FBI investigations. It’s seems to be a disease of modern governments to spend more and more time snooping on its own citizens under the very thin guise of fighting terrorism.

MarkB

Yeah, yeah, and next thing you’ll be telling us is that they will be interfering with electronic communications. I think the whole idea is ridicul

The “lawmen” are acting in a depressingly predictable pattern here. Emboldened by the Patriot Act, they just need a “little” more control to do their jobs, etc. etc. etc.

The FBI seems to be going back to its Cointelpro ways, with or without Hoover or a Dick Nixon enemy list. They need a swift kick in the backside, it would seem, lest they return to obsessive and smothering approaches to civil liberties. Keep in mind, I am all for racial profiling of suspected Islamic terrorists but in the weird new world, the idea seems to be to curtail the rights of everybody, to citizen’s loss, in HOPES of curtailing terrorists activities without SEEMING to be indulging in profiling.
That’s why Granny gets frisked at the airport, as far as I can tell.

Terrorism isn’t a grave threat to the US. There’s no justification for extraordinary measures of any kind.

I tend to agree Simon, but that nutjob shoe bomber got a few people nervous, I’ll tell ya. As you may know, we have to take off our shoes as part of the screening. Lotta Birkies and sandals on flights these days.

But to re-inforce your point, there is a spinelessness that goes hand-in-hand with the fear-based litigious society of late and the 9/11 aftermath slipped right in there. Restraints, restrictions, and so on. I know that the appellation of “cowboy” is often used in a derogatory fashion to refer to us uncultured Americans, but one dimension of that is a certain amount of calculated risk in going through life. Well, that’s history in most places, at least in Calaforny. And those lawmen would further tighten the noose with their snooping.

Jedgar’s getting too big for his breeches.