Of all the expanded investigative powers authorized by Congress since the terror attacks of September 11, 2001, few have proved as controversial—or as consistent a source of embarrassment to federal law enforcement—as National Security Letters. Though audits by the Inspector General have uncovered widespread improprieties in the use of the investigative tool which allows the FBI to demand certain telecommunications and financial records without the need for a court order, a 2007 effort to further constrain NSLs stalled in committee.
Now, with a new administration and a sturdier Democratic majority in place, Rep. Jerrold Nadler (D-NY) and Rep. Jeff Flake (R-AZ) on Monday reintroduced the National Security Letters Reform Act. The bill would significantly tighten the rules for NSLs—which can currently be used to obtain records “relevant” to an investigation, whether or not they pertain to someone even suspected of wrongdoing—and the gag orders that typically accompany them.
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