The second provision up for reauthorization is Section 215 of the Patriot Act, the “library records” or “business records” provision. A police officer investigating, say, a check-kiting fraud can chase the paper trail by issuing a grand jury subpoena through the clerk of the court. Section 215 allows national-security investigators essentially to do the same thing in counterterrorism investigations, compel the production of business records (including library records). But this provision can only be used to obtain foreign intelligence information about non-U.S. persons, or to protect against international terrorism or clandestine intelligence activities. Indeed, unlike ordinary grand jury subpoenas issued by the court clerk, orders under Section 215 must be issued and supervised by a federal judge.
sounds great right?
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However, let me quote the very Conservative CATO institute about what ACTUALLY transpires under this innocuous section. I quote:
But as a detailed report released last month by the office of the inspector general (OIG) revealed, between 2003 and 2006, the FBI sought to stretch its NSL powers beyond even these ample boundaries. Investigators obtained thousands of records from telecommunications providers using a made-up process called an "exigent letter" -- which essentially promised that a proper NSL would be along shortly. Among those whose records were obtained in this way were reporters for The Washington Post and The New York Times -- in violation of both the law and internal regulations requiring that the attorney general approve such requests.
Still more incredibly, investigators sought records pertaining to more than 3,500 telephone numbers without any process at all, simply requesting records verbally or via scrawled Post-It notes. Many of those data requests were either unrelated to any authorized investigation or had to do with domestic criminal investigations -- meaning they could not legally have been made via NSLs. Despite this, the letters would routinely, and falsely, claim that an NSL or subpoena was already being sought.
When the OIG interviewed the agents responsible, it found that "no one could satisfactorily explain their actions," instead offering only "unpersuasive excuses." When supervisors attempted to implement a database to track these requests, agents revolted, refusing to use the new system "because they did not want the responsibility for inputting the data," which suggests either an extreme aversion to clerical work or an awareness that something not quite Hoyle was afoot. When information obtained by these extralegal means was later cited in warrant applications to the secret Foreign Intelligence Surveillance Court, the applicants falsely claimed that legitimate NSLs or subpoenas had been used.
.Whether under "control" of Bush or Obama - giving free reign to the government to check everything you do is stupid in a Republic. We are NOT presumed guilty and subject to random fishing expeditions to see if we screwed up anywhere.
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When things like this surfaced in Egypt (random wire taps with no oversight) we laugh at their backwardness.