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National Security Letters — Part 1
Page 927
927 / 1188
Key Excerpts from the Unclassified IG Report
The FBI self-identified the inaccurate reporting, and told Congress a year ago
(pa. xvii and 33): In March 2006, the FBI acknowledged to the Attorney General
and Congress that NSL data in the semiannual classified reports may not have
been accurate and stated that the data entry delays affected an unspecified
nurnber of NSL requests. After the FBI became aware of these delays, it took
steps to reduce the impact of the delays to negligible levels for the second half
of CY 2005.
The iG Found No Criminal Misconduct
(pg. xxviii, fn.26) : In this report, we use the terms "improper or illegal use” as
contained in the Patriot Reauthorization Act. As noted below, the improper or
itlegal uses of the national security letter authorities we found in our review did
not involve criminal misconduct. However, as also noted below, the improper or
illegal uses we found included serious misuses of national security letter
authority.
No deliberate or intentional violations; but rather, qood faith mistakes; confusion
(pg. 0): Our examination of the 26 possible IOB violations reported to FBI
OGC did not reveal deliberate or intentional violations of NSL statutes, the
Attorney General Guidelines or internal FBI policy. Although the majority of the
possible violations - 22 of 26 - arose from FBI errors, most of them occurred
because of typographical errors or the case agent's good faith but erroneous
belief that the information requested related to an investigative subject.
(pg. adi?) Our review did not reveal intentional violations of national security
letter authorities, the Attorney General Guidelines or internal FBI policy. Rather,
we found confusion about the authorities available under the various NSL
statutes.
IG found in most cases we sought information we were entitled to
(pg. xlvili and 124): Finaily, in evaluating the FBI's use of national security
letters, it is important to note the significant challenges the FBI was facing during
the period covered by our review and the major organizational changes it was.
undergoing. Moreover, it is also important to recognize that in most cases the
FBI was seeking to obtain information that it could have obtained properly if it
had followed applicable statutes, guidelines, and internal policies. We also did
not find any indication that the FBI's misuse of NSL authorities constituted
criminal misconduct.
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