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The telecom employees were supposed to be responding to National Security Letters, which are essentially FBI-issued subpoenas. But those Patriot Act powers say the target must be part of an open investigation and that a supervisor has to approve it. While they require some paperwork, FBI agents have been issuing about 40,000 such NSLs a year.No wonder the telcos were so adamant about getting immunity on the warrantless wiretapping. It appears that the issue of telcos ignoring the rules when it came to your privacy goes pretty deep.
But an AT&T employee provided the unit with a way around some of those requirements. The employee introduced them to so-called 'exigent letters.' Those letters, first used immediately following 9/11, asked for information by saying that the request was an emergency and that prosecutors were preparing a grand jury subpoena. The letter falsely promised that the subpoena, which gives the telecoms legal immunity, would be delivered later, the report said.
What's more, the report noted that the cozy relationship between the bureau and the telecoms made it hard to differentiate between the FBI and the nation's phone companies.
"The FBI's use of exigent letters became so casual, routine and unsupervised that employees of all three communication service providers told us that they -- the company employees-- sometimes generated the exigent letters for CAU personnel to sign and return," the inspector general reported.
In fact, one AT&T employee even created a short cut on his desktop to a form letter that he could print out for a requesting FBI agent to sign.
Even that became too much. Agents would request "sneak peeks," where they'd ask if it was worth their time to file a request on a given phone number, the inspector general noted. The telecom agents complied. Soon it graduated to numbers on Post-it notes, in e-mails or just oral requests.
As for Obama issuing a rule saying that breaking the law is legal... how does that work? The president doesn't get to just declare something legal, especially when it clearly violates both the letter and intent of the law.
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