National Insecurity

There’s a country that earlier generations might not recognize in which the national government’s criminal investigative agency can execute its own warrants without court approval; present them to private companies and demand information about people who are not necessarily suspected of criminal wrongdoing; and — if that were not enough — forbid those companies from telling anyone — not even the target of the investigation. The country I have in mind is not a Latin American banana republic or a Middle Eastern dictatorship. It’s the United States of America. The warrant-like orders requiring no judge’s signature are called national security letters. In the last nine years the FBI, Defense Department, and CIA have issued well over a hundred thousand national security letters. The FBI has exceeded even the broad powers granted by Congress, and that overreach continued for years after it came to the attention of bureau lawyers. Earlier this year the inspector general of the Justice Department documented the FBI’s frequent violations of the law. (See it here in pdf form.) If the government is now operating within the law, that is no reason for complacency: The law itself is an abuse...more