◆ SpookStack

And if there 1s that exigent circumstance, they can get the information and should use such a letter. But what they shouldn't do ts combine it with an NSL, the way they did in the past. They ought to completely separate that and follow the statute. ELLISON: Right. So what you're saying 1s that if the practice in which the FBI was using the exigent letters combined with the NSL, if the statute were properly followed, then there wouldn't be the probiem that we see today, is that right? FINE: That's correct. ELLISON: Now, what sort of sanctions do you think should be applied, given the way that the FBI did use the NSL and the exigent letters? FINE: I think the FBI ought to look at this and took at the individuals involved and find out if they mappropriately and knowingly misused the authorities. They ought to take appropriate action against individuals, either management tndividuals who allowed it to occur or individuals in the field. And if they had poor performance, that ought to be assessed as well. So | think that ought to be something that the FBI is looking at. But I don’t think they ought to say, simply because there was a misuse of the statute inadvertently, that that would necessarily require misconduct charges against them. ELLISON: Right. Well, you know, part of the problem here is the very nature of the act that allows for the expanded use of the NSL is below the radar; it's not subjected to neutral. And so it by nature lacks transparency, which is why people are so upset that the abuses took place. But I guess my next question is -- another recommendation that you have made is that there be greater control files for the NSLs. How would you envision that working? FINE: There should be greater controls on the use of NSLs. They ought to make sure that the people know when they can be used and under what statute they can be used. There need to be signed copies of the NSLs so that there can be an audit trail. They have to be connected to an investigative file, not a control file. ELLISON: Excuse me -- I'm sorry, Mr. Fine. Do you see this as essentially a training problem?