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FBI Opposes Bill That Would Limit How Financial Data Is Subpoenaed in Terror Cases
By Brian Orsak
printThe FBI is opposing a federal bill that would restrict when the agency can issue subpoenas to financial institutions and other companies. The bill is one of two under consideration in Congress that would limit the agency's use of so-called national security letter subpoenas to cases when there are "specific and articulable facts" giving reason to obtain records involving foreign entities. The subpoenas allow agents to obtain data from institutions for terrorist and spy cases without external vetting. FBI general counsel Valerie Caproni said during a congressional hearing Tuesday that any further restrictions on how the agency issues national security...
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A U.S. lawmaker is calling on the Obama administration to restrict how federal investigators use a controversial subpoena to obtain financial and other records, echoing a bill that U.S. officials have voiced support for.
The U.S. House of Representatives is set to vote on a Senate-approved bill that would pressure foreign financial institutions to disclose their U.S. clients and extend government subpoena powers of financial records.
A U.S. House of Representatives panel approved a measure Thursday that would impose an expiration date on the availability of emergency subpoenas used to obtain telephone and financial data.
The U.S. Senate Judiciary Committee approved a bill Thursday that would potentially discontinue use of a controversial emergency law enforcement subpoena by 2012.
The FBI has yet to resolve problems with how it uses special subpoena authorities granted under the Patriot Act, according to the U.S. Justice Department's Inspector General.
A federal judge ruled on Wednesday that certain sections of the USA Patriot Act are unconstitutional because they allow law enforcement agents to conduct searches and surveillance without showing probable cause.
Many bank employees can't differentiate between SAR-related and other information requests they receive from law enforcement agencies, regulators and other financial institutions. As a result, some hinder financial investigations by ignoring the requests.
A March report on national security letter subpoenas stated that some companies provided excessive information about their customers during terrorist investigations.