ACLU to Jim Comey: Welcome. Now Fix This.

Jim Comey has officially been in charge of the FBI for less than two weeks.

Today, in honor of Constitution Day, the ACLU just released a report showing how the FBI’s expanded mandate since 9/11 has led to Constitutional abuses.

Most of the details of the report have been reported here in depth. But the Big Data section includes some details I haven’t covered. It explains:

FBI collects Suspicious Activities Reports that duplicate — but lower the standard for — an existing database

Another major problem is that eGuardian effectively competes with another federal government SAR. The Intelligence Reform and Terrorism Prevention Act of 2004 established the Information Sharing Environment (ISE) to serve as the conduit for terrorism-related information sharing between state and local law enforcement and the federal government.114 A March 2013 Government Accountability Office report found that though the two programs share information between them, eGuardian uses a lower evidentiary threshold for inclusion of SARs, which creates risks and privacy problems.

The Government Accountability Office found that “many fusion centers have decided not to automatically share all of their ISE-SARs with eGuardian” because eGuardian doesn’t meet ISE standards.115 One fusion center said it would never provide SARs to eGuardian because of the fusion center’s privacy policy.116 The Government Accountability Office also found that the two systems “have overlapping goals and offer duplicative services.”117

FBI will soon have the equivalent of 20 pieces of intelligence on every American — and they share this broadly

An FBI budget request for fiscal year 2008 said the FBI had amassed databases containing 1.5 billion records, and two members of Congress described documents predicting the FBI would have 6 billion records by 2012, which they said would represent “20 separate ‘records’ for each man, woman and child in the United States.”119

[snip]

According to a 2012 Systems of Records Notice covering all FBI data warehouses, the information in these systems can be shared broadly, even with foreign entities and private companies, and for a multitude of law enforcement and non-law enforcement purposes.133

There’s far more in the report, chronicling the slow creep of abusive FBI techniques since 9/11.

Sadly, given that this has all been treated as legal, I doubt that Comey will do anything about it, even with ACLU’s demonstration that the dragnet has led FBI to miss real crimes.

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7 Responses to ACLU to Jim Comey: Welcome. Now Fix This.

Emptywheel Twitterverse
emptywheel @JZdziarski But no one would ever see that. What would the point be? Don't you LIKE a good theater production?
14mreplyretweetfavorite
emptywheel So if FBI can get ISPs to turn over that data "voluntarily" after CISA passes, Section 215 becomes less important.
15mreplyretweetfavorite
emptywheel That collection probably makes up the bulk of Section 215 orders right now. That's the big issue, I'm betting, more than the phone dragnet.
15mreplyretweetfavorite
emptywheel Nick Merrill lawsuit declaration makes pretty clear FBI was (is?) getting URL search data AND data flow using NSLs. https://t.co/3f37iFyItg
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emptywheel @ExumAM Also great for Lockheed!
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bmaz The night the NCAA became indistinguishable from, if it wasn't already, craven self serving malignancy of NFL. Congrats NCAA you've arrived!
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bmaz RT @John_de_Vashon: As always the core @NCAA narative must prevail. #TheFixIsIn #NCAA MT @bmaz: Bullshit play by KY and crapass call by the…
11hreplyretweetfavorite
bmaz I HATE Notre Dame, and, yet, they got completely ripped off by the refereeing. What a #joke
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bmaz @Gaius_Publius @MasaccioEW @ChrisInParis ND got fucking ripped off on contact. What a crock of shit. You KNOW I do not say that lightly.
11hreplyretweetfavorite
bmaz What a crock of dung. If the roles had been reversed had been reversed, ND would have never gotten the cheesy calls KY did. #FOUL
11hreplyretweetfavorite
bmaz Bullshit play by KY and crapass call by the refs
11hreplyretweetfavorite
emptywheel @jhamby Also think Amber Alert site went down sometime today after alert per @RayneToday @eric_analytics @chockenberry @SwiftOnSecurity
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