◆ SpookStack

FINE: { would think it would be higher, but I can't tell you one way or the other. SCOTT: What information is obtained through NSL letters that could not have been gotten through going through the normal FISA process, even in emergencies, when there's an after-the-fact process with the FISA Courts? CAPRONI: Anything that we can obtain through a national security letter could be obtained froma FISA 215 order. I would tell this committee that I think if you changed the law in that way, you would be doing grave disservice. CAPRONI: It would essentially sink the system. We issue, as you can tell from the report, thousands of national security letters to get information. We do not have an infrasiructure in place to take every one of those to court any more than an AUSA in any district has the infrastructure in place to go to court to get every grand jury subpoena. It's simply not -- we don't have the infrastructure to do that. SCOTT: So you're not getting any information you couldn't get through FISA but just administratively... CAPRONI: Well, the Patriot Act... SCOTT: You would have a judge looking at what you're doing and not having a process that lacks oversight? CAPRONI.: Congressman, under the FISA statute, Section 215 of the Patriot Act gave us the authority Lo get an order for any type of record. SCOTT: Well, that's what we're talking about. Mr. Fine, did I understand that in these cases there's an actual ongoing investigation prior to issuing these letters, or there's not an identifiable investigation ongoing when they issue the letters? FINE: