Memo Reveals FBI National Security Wiretap Violations

epic.org

A recently released FBI memo provides the latest
evidence that the Bureau has frequently overstepped its
legal bounds when conducting intrusive national
security surveillance. The document, which was written
in April 2000 and originally classified as "secret,"
reveals that FBI agents illegally videotaped suspects,
intercepted e-mail without court permission, recorded
the wrong phone conversations, and conducted
"unauthorized searches." The incidents detailed in the
memo involved cases requiring warrants under the
Foreign Intelligence Surveillance Act (FISA).The declassified document was obtained by Rep. William
Delahunt (D-MA), with the assistance of EPIC. The
existence of the memo was first revealed in an FBI
document obtained by EPIC earlier this year through its
Freedom of Information Act lawsuit for information
concerning the Bureau's controversial Carnivore
Internet surveillance system (see EPIC Alert 9.11).
That earlier disclosure, which showed that an anti-
terrorism investigation involving Osama bin Laden was
hampered by technical flaws in the Carnivore system,
alluded to a separate document discussing other "FISA
mistakes." EPIC worked with Rep. Delahunt's office to
seek disclosure of the "mistakes" memo.

The latest disclosure comes as the Foreign Intelligence
Surveillance Court of Review (FISCR), in its first
proceeding since being created in 1978, is considering
the legality of new Justice Department surveillance
rules. DOJ has asked the FISCR to overturn a decision
of the Foreign Intelligence Surveillance Court, which
in May unanimously rejected the government's bid for
expanded powers. In its decision, the intelligence
court documented abuses of "national security" warrants
by both the Bush and Clinton Administrations, including
serious errors in approximately 75 applications for
foreign intelligence surveillance (see EPIC Alert
9.16).

The newly disclosed "mistakes" memo reveals errors that
extend beyond those detailed by the surveillance court
in May, which concerned FBI misrepresentations in
applications for surveillance warrants. The new
"mistakes" involve the manner in which surveillance
activities were actually conducted, a potentially more
serious issue as the incidents appear to involve
violations of both FISA and the Fourth Amendment.

The FBI "FISA mistakes" memo is available at: FISA mistakes

Background information (including selected documents)
on EPIC's Carnivore FOIA litigation is available at: carnivore

Background information on FISA is available at: FISA