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United States Government Politics Your Rights Online

Feds Check Credit Reports Without a Subpoena 290

An anonymous reader points out that, by using National Security Letters, the FBI and other agencies can legally pull your credit report. The letters have been used by the FBI (mostly) but in some cases by the CIA and Defense Department. From the article: "'These statutory tools may provide key leads for counterintelligence and counterterrorism investigations,' Whitman said. 'Because these are requests for information rather than court orders, a DOD request under the NSL statutes cannot be compelled absent court involvement.'" Recipients of the letters, banks and credit bureaus, usually hand over the requested information voluntarily. A posting at tothecenter.com quotes the Vice President on the use of the letters: "It's perfectly legitimate activity. There's nothing wrong or illegal with it. It doesn't violate people's civil rights... The Defense Department gets involved because we've got hundreds of bases inside the United States that are potential terrorist targets."
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Feds Check Credit Reports Without a Subpoena

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  • by Anonymous Coward on Tuesday January 16, 2007 @02:21PM (#17632146)
    The reason this is a problem is because the article summary has it wrong. TFA says "credit records" not "credit reports" which means they're not just looking to see, for instance, what your FICO score is, but looking at your actual purchases, etc.. *ugh*
  • by the computer guy nex ( 916959 ) on Tuesday January 16, 2007 @02:22PM (#17632172)
    The power of investigating certain financial records (such as credit reports) without a warrent was around before PATRIOT, most notably for suspected drug dealers.

    It would be silly for the government not to exercise that same power against potential terrorists as long as the power was legal.

    So don't thank PATRIOT, thank precedent set by the older drug-fighting legislation.
  • Hmph. (Score:3, Interesting)

    by zCyl ( 14362 ) on Tuesday January 16, 2007 @02:32PM (#17632350)
    It sounds to me like some banks and credit companies need to be rebuked for this. Credit and bank statements can contain substantially private information about an individual, as personal as medical records or intimate phone conversations.

    In the only example given in the article of the successful use of this technique, Aldrich Ames, he was under careful surveillance by the FBI, and well known to be living beyond his stated income. There should have been no difficulty obtaining a search warrant as described in that constitution thing that law enforcement officials seem to find so inconvenient. And the banks and credit companies should EXPECT and DEMAND that law enforcement officials provide this search warrant as standard process, as much as most individuals would expect and demand this before letting police read ones private love letters.

    The Bill of Rights loses its power if all the major corporations just voluntarily ignore it on behalf of their customers.
  • by $RANDOMLUSER ( 804576 ) on Tuesday January 16, 2007 @02:34PM (#17632392)
    The power of investigating certain financial records (such as credit reports) without a warrent was around before PATRIOT, most notably for suspected drug dealers.
    It would be silly for the government not to exercise that same power against potential terrorists as long as the power was legal.

    Notice a pattern here, citizen?

    So don't thank PATRIOT, thank precedent set by the older drug-fighting legislation.

    Oh, you mean the unconstitutional illegal-search-and-seizure RICO redefinition dreamed up by Bush #1 to fight the terrible horrible drug merchants?
    Say, didn't we invade Panama, (to take out a foriegn leader we didn't like) too?

    Again, notice a pattern here, citizen?
  • by gstoddart ( 321705 ) on Tuesday January 16, 2007 @02:54PM (#17632716) Homepage
    I want to preface my comments by saying I am card carrying member of the ACLU, a Jeffersonian libritarian, and am no fan of this administration and its tactics. Furthermore, my comments are based on the fact that every example cited in the various press outlets has been a cleared individual (Aldrige Aimes and the Army chaplain at Gitmo). My comments do not to apply any cases that involve non-cleared citizens.

    Really? As I read the ABC article, it said nothing about citizens who hold any clearance. It merely references people who show up in investigations.

    I'm not saying you're wrong, because I don't know which is correct, but I see nothing to indicate that all of the people being examined like this are government personnel who have clearances. If it was purely ongoing verification of people with clearances, fine. But, if it spills over into "hmmm, he spoke to a brown man on the corner, let's pull up his records", it's a bad thing. And, one which I believe would be completely illegal

    I'm just not 100% sure that the articles seem to indicate it's limited to ongoing verification of people who hold security clearance. I interpret it to be "whoever becomes a 'person of interest'".

    Cheers
  • by steelshadow ( 586869 ) <(roadster1200xl) (at) (yahoo.com)> on Tuesday January 16, 2007 @03:16PM (#17633164)
    Another good reason to pay cash whenever you can. Unfortunately, this does raise the inconvenience factor a great deal. Around here I can buy (for cash) a Visa gift card at the mall which is used a lot like a credit card. I was able to use this is some of the places a credit card is required, even some online services.
  • by Anonymous Coward on Tuesday January 16, 2007 @03:17PM (#17633176)
    Not to mention letting White House personnel obtain hundreds of FBI records [cnn.com] of Clinton's political enemies. I wonder if the dirt they dug up is part of why incidents like Sandy Berger stealing documents from the National Archives during the 9/11 investigation was brushed over by the Republican administration and Congress.
  • by Alien Being ( 18488 ) on Tuesday January 16, 2007 @03:27PM (#17633368)
    That's because they know what's behind door #2.

    Bush == Nixon
    Cheney == Agnew
    Iraq == Vietnam
    2007 == 1974
    Oil == Oil
  • Security (Score:3, Interesting)

    by Mark_MF-WN ( 678030 ) on Tuesday January 16, 2007 @04:19PM (#17634416)
    So you'd be okay with security cameras in public bathrooms? After all, you have nothing to hide, and terrorists have to use bathrooms sometimes. What better way to track them than by catching them on camera when they "check-in" every few hours?

    The system could build up dynamic biometric profiles of people based on the way they stand, how they move, how many times they shake it out afterwards, whether they hum or not, the kinds of trace chemicals in their urine, etc.

    Hey, and think of all the drug dealers that you could catch! This idea is sounding better and better. ...

    Or maybe you should just notice that domestic terrorism is less dangerous, on average, than ... say ... bees. Bees kill a few Americans every year. Domestic terrorism has only managed a handful of incidents in all of US history. Maybe you should develop some perspective and think abuot what the real threat is: terrorists that just want the US to stop interfering with the affairs of their home country, or a government that is fully ready to take every single freedom that you possess in order to create an illusion of safety. One affects every single American and will have effects that last for lifetimes, the other has never affected more than a few thousand people and is an extremely rare occurrence. Decide quickly, because the point-of-no-return is coming.

"Experience has proved that some people indeed know everything." -- Russell Baker

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