◆ SpookStack

Of course, we need to be vigilant to make sure these problems are fixed, that the inspector general's recommendations are implemented, and that our civil liberties and privacy are protected. Mr. Chairman, I'll yield back the balance of nry tume. CONYERS: And I thank the gentleman for his statement. I'd like now to recognize the chairman of the Constitution Subcommittee, Jerry Nadler, for two and one-half minutes. NADLER: Thank the chairman. fd like to thank Chairman Conyers for holding this important hearing on the FBI abuses of national security letters. We are here today in response to the Department of Justice inspector general report that found widespread abuses of the FBI's authority to issue national security letters. And NSL can be issued to third party, such as a health insurance company or an Internet service provider, ordering them to reveal all their information about you and your transactions, and the third party is prohibited from telling you or anyone else about the order. That's the so-called gag order provision. So you cannot object to an NSL directed at your information in court, as you could to a subpoena, because you don't know about it. And the third party may have no interest in going to court to protect your rights ot your privacy. While last year's reauthorization of the Patriot Act did make some changes to the NSL provisions, these changes were essentially meaningless. For example, the court is now authorized to modify or set aside the gag order only if it finds there is no reason to believe that disclosure would endanger national security, diplomatic relations, or anyone's life or safety. But the court must accept the government's assertion of harm as conclusive, so this protection is meaningless. Some of us had predicted that the unrestricted authority of the FBI to issue NSLs would be abused. And unfortunately our worst fears have now heen realized. The 1.G.'s audit found the NSLs have been used by the FBI to collect and retain private information about American citizens who are not reasonably suspected of being involved In terrorism. During the last Congress, we predicted that unchecked power would lead to rampant abuse. That's why I proposed the Stop Self-Authorized Secret Searches Act two years ago. This bill would have restored some pre-Patriot Act provisions: that an NSL could not be issued unless the FBI made a factual, individualized showing that the records sought pertain to a suspected terrorist or spy. It would have given the recipient of a national security Jetter an opportunity to obtain egal counsel, the right to challenge the letter, and a nondisclosure requirement -- a real right to challenge it. NADLER: