WASHINGTON — The FBI acknowledged Wednesday it improperly obtained Americans’ telephone records, credit reports and Internet traffic in 2006, the fourth straight year of privacy abuses resulting from investigations aimed at tracking terrorists and spies.
The breach occurred before the FBI enacted broad new reforms in March 2007 to prevent future lapses, FBI Director Robert Mueller said. And it was caused, in part, by banks, telecommunication companies and other private businesses giving the FBI more personal client data than was requested.
Testifying at a Senate Judiciary Committee hearing, Mueller raised the issue of the FBI’s controversial use of so-called national security letters in reference to an upcoming report on the topic by the Justice Department’s inspector general.
An audit by the inspector general last year found the FBI demanded personal records without official authorization or otherwise collected more data than allowed in dozens of cases between 2003 and 2005. Additionally, last year’s audit found that the FBI had underreported to Congress how many national security letters were requested by more than 4,600.
The new audit, which examines use of national security letters issued in 2006, “will identify issues similar to those in the report issued last March,” Mueller said. The privacy abuse “predates the reforms we now have in place,” he said.
“We are committed to ensuring that we not only get this right, but maintain the vital trust of the American people,” Mueller said.
National security letters, as outlined in the USA Patriot Act, are administrative subpoenas used in suspected terrorism and espionage cases. They allow the FBI to require telephone companies, Internet service providers, banks, credit bureaus and other businesses to produce highly personal records about their customers or subscribers without a judge’s approval.
Last year’s audit by Justice Department Inspector General Glenn Fine, issued March 9, 2007, blamed agent error and shoddy record-keeping for the bulk of the problems and did not find any indication of criminal misconduct. Fine’s latest report is expected to be released as early as next week.
Following last year’s audit, the Justice Department enacted guidelines that sternly reminded FBI agents to carefully follow the rules governing national security letters. The new rules caution agents to review all data before it is transferred into FBI databases to make sure that only the information specifically requested is used.
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