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The FBI cast a much wider net in its terrorism investigations than
it has previously acknowledged by relying on telecommunications
companies to analyze phone-call and e-mail patterns of the associates
of Americans who had come under suspicion, according to newly obtained
bureau records.
The documents indicate that the FBI used secret demands for records
to obtain data not only on the person it was targeting but also details
on his or her "community of interest" - the network of people that the
target in turn was in contact with. The FBI recently stopped the
practice in part because of broader questions raised about its
aggressive use of the demands made through national security letters,
officials said Friday after being asked about it.
The community-of-interest data sought by the FBI is central to a
data-mining technique intelligence officials call "link analysis."
Since the attacks of Sept. 11, 2001, U.S. counterterrorism officials
have turned more frequently to the technique, using communications
patterns and other data to identify suspects who may not have any other
known links to extremists.
The concept has strong government proponents who see it as a vital
tool in predicting and preventing attacks, and it is also thought to
have helped the National Security Agency identify targets for its
domestic eavesdropping program. But privacy advocates, civil rights
leaders and even some counterterrorism officials warn that link
analysis can be misused to establish tenuous links to people who have
no real connection to terrorism but may be drawn into an investigation
nonetheless.
Typically, community-of-interest data might include an analysis of
which people the targets called most frequently, how long they
generally talked and at what times of day, sudden fluctuations in
activity, geographic regions that were called and other data, law
enforcement and industry officials said.
The FBI declined to say exactly what data had been turned over. The
data was limited to people, phone numbers and e-mail "once removed"
from the actual target of the national security letters, said a
government official spoke on condition of anonymity because of a
continuing review by the Justice Department.
The scope of the demands for information could be seen, for
instance, in an August 2005 letter seeking the call records for
particular phone numbers that had come under suspicion. The letter
closed by saying: "Additionally, please provide a community of interest
for the telephone numbers in the attached list."
The requests for community-of-interest data showed up a dozen times,
using nearly identical language, in records from one six-month period
in 2005 obtained by a nonprofit advocacy group, the Electronic Frontier
Foundation, through a Freedom of Information Act lawsuit that it
brought against the government. The FBI recently turned over 2,500
pages of documents to the group.
The boilerplate language suggests the requests may have been used in
many of more than 700 emergency or "exigent" national security letters.
Earlier this year, the FBI banned the use of the exigent letters
because they had never been authorized by law.
The FBI declined to discuss any aspect of the community-of-interest
requests because it said the issue was part of an investigation by the
Justice Department inspector general's office into national security
letters. An initial review in March by the inspector general found
widespread violations and possible illegality in the FBI's use of the
letters, but it did not mention the use of community-of-interest data.
The government official who spoke on condition of anonymity said the
FBI recently stopped asking the telecommunications companies for
community-of-interest data. The exact time of and reason for the
suspension is unclear, but it appears to have been triggered in part by
the questions raised this year by the inspector general's initial
review into abuses in the use of national security letters.
The official said the FBI itself was examining the use of the
community-of-interest requests to get a better understanding of how and
when they were used, but he added that they appeared to have been used
in a relatively small portion of the tens of thousands of such records
requests each year. "In an exigent circumstance, that's information
that may be relevant to an investigation," the official said.
A federal judge in New York struck down parts of the USA Patriot Act
last week that authorized the FBI's use of the national security
letters, saying that some provisions violated the First Amendment and
the constitutional guarantee of the separation of powers.
In many cases, the target of a national security letter whose
records are being sought is not necessarily the actual subject of a
terrorism investigation and may not be suspected at all. Under the
Patriot Act, the FBI must assert only that the records gathered through
the letter are considered relevant to a terrorism investigation.
Some legal analysts and privacy advocates suggested that the
disclosure of the FBI's collection of community-of-interest records -
extending the link even further beyond an actual suspect in a terrorism
investigation - offered another example of the bureau's exceeding the
substantial powers already granted it by Congress.
"This whole concept of tracking someone's community of interest is
not part of any established FBI authority," said Marcia Hofmann, a
lawyer for the Electronic Frontier Foundation, which provided the
records from its lawsuit. "It's being defined by the FBI. And when it's
left up to the FBI to decide what information is relevant to their
investigations, they can vacuum up almost anything they want"
Matt Blaze, a professor of computer and information science at the
University of Pennsylvania and a former researcher for AT&T, said
the telecommunications companies could have easily provided the FBI
with the type of network analysis data it was seeking because they
themselves had developed it over many years.
"This sort of analysis of calling patterns and who the communities
of interests are is the sort of things telephone companies are doing
anyway because it's central to their businesses for marketing or
optimizing the network or detecting fraud," said Blaze, who has worked
with the FBI on technology issues.
Such "analysis is extremely powerful and very revealing because you
get these linkages between people that wouldn't be otherwise clear,
sometimes even more important than the content itself" of phone calls
and e-mail messages, he said. "But it's also very invasive. There's
always going to be a certain amount of noise," with data collected on
people who have no real links to suspicious activity, he said.
Officials at other U.S. intelligence agencies, like the National
Security Agency and the Central Intelligence Agency, have explored
using link analysis to trace patterns of communications sometimes two,
three or four people removed from the original targets, according to
current and former intelligence officials. But critics assert that the
further the links are taken, the less valuable the information proves
to be.
Some privacy advocates said they were troubled by what they saw as
the FBI's overreliance on technology at the expense of traditional
investigative techniques that rely on clearer evidence of wrongdoing.
"Getting a computer to spit out a hundred names doesn't have any
meaning if you don't know what you're looking for," said Michael
German, a former FBI agent who is now a lawyer for the American Civil
Liberties Union . "If they're telling the telephone company, 'You do
the investigation and tell us what you find,' the relevance to the
investigation is being determined by someone outside the FBI."
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