According to the a DOJ investigation, the FBI has violated the law on several occasions in connection with the issuance of National Security Letters (NSLs). A NSL is a demand letter issued to a particular entity or organization to turn over various record and data pertaining to individuals. They do not require probable cause, a warrant, or even judicial oversight. They also come with a gag order, preventing the recipient of the letter from disclosing that the letter was ever issued. Compliance is mandatory.
There are several NSL provisions in various federal statutes: (1) Electronic Communications Privacy Act, 18 U.S.C. § 2709 (FBI can compel communications companies to disclose customer information); (2) Right to Financial Privacy Act, 12 U.S.C. § 3414(a)(5) (FBI can compel financial institutions to disclose customer information); (3) Fair Credit Reporting Act, 15 U.S.C. § 1681u (FBI can compel credit reporting agencies to disclose records on individuals).
According to the Washington Post:
A Justice Department investigation has found pervasive errors in the FBI’s use of its power to secretly demand telephone, e-mail and financial records in national security cases, officials with access to the report said yesterday.
The inspector general’s audit found 22 possible breaches of internal FBI and Justice Department regulations — some of which were potential violations of law — in a sampling of 293 “national security letters.” The letters were used by the FBI to obtain the personal records of U.S. residents or visitors between 2003 and 2005. The FBI identified 26 potential violations in other cases.
The study revealed a range of errors: