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My National Security Letter Gag Order
Washington (com)Post ^ | Mar 23 2007 | Anonymous

Posted on 03/23/2007 12:46:07 PM PDT by socal_moderate

The Justice Department's inspector general revealed on March 9 that the FBI has been systematically abusing one of the most controversial provisions of the USA Patriot Act: the expanded power to issue "national security letters." It no doubt surprised most Americans to learn that between 2003 and 2005 the FBI issued more than 140,000 specific demands under this provision -- demands issued without a showing of probable cause or prior judicial approval -- to obtain potentially sensitive information about U.S. citizens and residents. It did not, however, come as any surprise to me.

Three years ago, I received a national security letter (NSL) in my capacity as the president of a small Internet access and consulting business. The letter ordered me to provide sensitive information about one of my clients. There was no indication that a judge had reviewed or approved the letter, and it turned out that none had. The letter came with a gag provision that prohibited me from telling anyone, including my client, that the FBI was seeking this information. Based on the context of the demand -- a context that the FBI still won't let me discuss publicly -- I suspected that the FBI was abusing its power and that the letter sought information to which the FBI was not entitled.

(Excerpt) Read more at washingtonpost.com ...


TOPICS: Crime/Corruption; Government
KEYWORDS: 200703; aclu; anonymous; gagorder; gwot; natlsecurityletters; nsl; nsls; patriot; patriotact; usapatriotact; waronthensa
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Certainly, there are legitimate reasons to fret about warrantless, secret searches - particularly if they are being used in cases that do not involve terrorism.

But why does every single article on the topic have to reek of a shrill, paranoid, leftist crusade to abolish the Patriot Act and WOT?

Is it not possible, even likely, that NSLs have prevented an attack?

1 posted on 03/23/2007 12:46:10 PM PDT by socal_moderate
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To: socal_moderate

In this case, no, because he didn't hand over the information.


2 posted on 03/23/2007 12:48:45 PM PDT by psychoknk
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To: socal_moderate

Well, couldn't they have a special group of judges deputized to approve such letters? seems to be an easy way out.


3 posted on 03/23/2007 12:48:50 PM PDT by GSlob
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To: socal_moderate
Is it not possible, even likely, that NSLs have prevented an attack?

Possible? Yes. Likely? I don't know about that.

I wonder why they aren't authorized by judges. Is it a time-senstive thing?

My concern is that the same power we give Bush will be used by the next Dim president. We need to be very careful when we remove checks and balances on governmental power - it is notoriously difficult to put back into its cage once freed.

4 posted on 03/23/2007 12:49:33 PM PDT by highball ("I never should have switched from scotch to martinis." -- the last words of Humphrey Bogart)
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To: socal_moderate

"But why does every single article on the topic have to reek of a shrill, paranoid, leftist crusade to abolish the Patriot Act and WOT?"

1. Lack of confidence in FEDGOV.

2. Previous abuses by FEDGOV.


...just a guess.


5 posted on 03/23/2007 12:49:56 PM PDT by taxed2death (A few billion here, a few trillion there...we're all friends right?)
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To: socal_moderate

What is the name of your business? We might want to call on all your customers and tell them you are endangering their lives.


6 posted on 03/23/2007 12:50:45 PM PDT by bert (K.E. N.P. Abby is my girl....)
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To: socal_moderate

Loved this part:

"It is the policy of The Washington Post not to publish anonymous pieces. In this case, an exception has been made because the author -- who would have preferred to be named -- is legally prohibited from disclosing his or her identity in connection with receipt of a national security letter. The Post confirmed the legitimacy of this submission by verifying it with the author's attorney and by reviewing publicly available court documents."

LOL.....PUBLICALLY AVAILABLE COURT DOCUMENTS?? This whole piece is a joke.


7 posted on 03/23/2007 12:51:08 PM PDT by penelopesire
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To: socal_moderate

I'd like to practice a healthy skepticism for the government and potential abuse of power, but with all the paranoid blather coming from the kook left that's been saturating the news media for the past five years, it's impossible to tell anymore what concerns are legitimate and what is purely politically motivated fear mongering.


8 posted on 03/23/2007 12:54:22 PM PDT by spinestein (There is no pile of pennies so large that I won't throw two more on top.)
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To: GSlob

They have something similar for approving warrantless wiretaps- the FISA court, I believe- from which, if memory serves, a judge, appointed by Bush Sr., resigned because he felt that he was being pressured to approve all FISA requests.


9 posted on 03/23/2007 12:55:35 PM PDT by Simon_Smith
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To: GSlob

One can envision situations in which there is insufficient probable cause to obtain a warrant. e.g. anonymous tip says there are terrorists staying in X hotel this weekend. Is it OK for the government to request the guest list, looking for troublemakers? Most would argue that with proper oversight and accountability, it is not unreasonable to obtain information without a warrant if there is a justifiable belief that it will prevent mass casualties.

Something the far-left (including the ACLU) refuses to do, is acknowledge the necessity of these measures, and work to ensure that they have minimal impact on innocent Americans. They will not stop short of abolishing our defenses against the Islamist threat.

It seems to me that there are two perspectives on terrorist acts:

The far-left/Clintonian perspective is that they are simple felonies, and should be treated as such by the courts. This means that suspects are entitled to due process, freedom from unreasonable searches, etc.

The moderate/conservative perspective is that they are acts of war, in which thousands of innocent lives may be lost, and that it is OK to bend the rules a little bit if it helps prevent the acts from taking place.


10 posted on 03/23/2007 1:14:02 PM PDT by socal_moderate
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To: socal_moderate

This person admits breaking a national security law. The only focus should be on finding out who he is and prosecuting him to the fullest extent of the law. It shouldn't be too hard, he's given plenty of clues in this 'article'.


11 posted on 03/23/2007 1:15:52 PM PDT by balch3
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To: socal_moderate

I will bet you dimes to donuts that if the FBI issued that NSL in their pursuit of some mob boss, that the anonymous cretin whining in this article about how he's been mistreated would have coughed it right up.

But something tells me that because the NSL was seeking information on terrorist-related activities, that THAT was the reason he felt it SO necessary to refuse to turn over the information and call in the ACLU.

After all "one man's terrorist is another man's freedom fighter", or some claptrap like that?


12 posted on 03/23/2007 1:40:31 PM PDT by mkjessup (If Reagan were still with us, he'd ask us to "win one more for the Gipper, vote for Duncan Hunter!")
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To: highball
My concern is that the same power we give Bush will be used by the next Dim president. We need to be very careful when we remove checks and balances on governmental power - it is notoriously difficult to put back into its cage once freed. I truly find it difficult to distinguish the validity of this article from worthless rhetoric (it's easy to fabricate an anonymous source). However, my concern is exactly yours: Even if you trust this administration, do you trust Hillary with these same powers? I sure as hell don't. And for that reason, my libertarian sensibility is wary.
13 posted on 03/23/2007 1:42:54 PM PDT by jack_napier
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To: socal_moderate
Before the WAPO publishes this - what kind of fact checking do they do? or would bit be perfectly acceptable for this to be made up out of whole cloth?
14 posted on 03/23/2007 2:56:14 PM PDT by Wally_Kalbacken (Seldom right but never in doubt)
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To: socal_moderate; Abram; albertp; AlexandriaDuke; Alexander Rubin; Allosaurs_r_us; amchugh; ...
Wouldn't miss this one.





Libertarian ping! To be added or removed from my ping list freepmail me or post a message here.
15 posted on 03/23/2007 5:42:48 PM PDT by traviskicks (http://www.neoperspectives.com/Ron_Paul_2008.htm)
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To: highball
My concern is that the same power we give Bush will be used by the next Dim president.

This exactly should be at the fore of one's mind before expanding any government power. Though I may trust an ideological ally with such power, do I also want to extend this power to an ideological foe? It is INEVITABLE that a Democrat or leftist Republican will eventually take power. This should be a fundamental test applied for any new government power, especially ones without a sunset clause. Call it the "Hillary Clinton" test.

16 posted on 03/23/2007 5:57:52 PM PDT by M203M4 (Ignorance of basic math underlies economic ignorance and helps fuel socialism.)
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To: penelopesire

>>LOL.....PUBLICALLY AVAILABLE COURT DOCUMENTS?? This whole piece is a joke. <<

I would be more inclined to agree if ti wasn't for the Justice Department's inspector general' report on the subject.

There is no way to read that report except to say we put too much trust in the Justice department and got burned.


17 posted on 03/24/2007 7:12:54 AM PDT by gondramB (It wasn't raining when Noah built the ark.)
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To: socal_moderate
Is it not possible, even likely, that NSLs have prevented an attack?
LOL!
If that were the case this administration would be all over the TV bragging about it!
.
18 posted on 03/24/2007 9:24:31 AM PDT by mugs99 (Don't take life too seriously, you won't get out alive.)
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To: highball

We need to be very careful when we remove checks and balances on governmental power - it is notoriously difficult to put back into its cage once freed.

Can't be repeated often enough!!


19 posted on 03/26/2007 8:51:21 AM PDT by TheKidster (you can only trust government to grow, consolidate power and infringe upon your liberties.)
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To: socal_moderate

Saw an article in CanadaFreePress about NSL’s sent to state governors regarding state militias. Anyone else know about this?


20 posted on 05/27/2010 9:34:30 AM PDT by Thumper1960 (A modern so-called "Conservative" is a shadow of a wisp of a vertebrate human being.)
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