{"id":7420,"date":"2006-05-16T09:41:16","date_gmt":"2006-05-16T13:41:16","guid":{"rendered":"http:\/\/www.thecarpetbaggerreport.com\/?p=7420"},"modified":"2006-05-16T09:41:16","modified_gmt":"2006-05-16T13:41:16","slug":"journalists-phone-records-are-fair-game","status":"publish","type":"post","link":"https:\/\/stevebenen.com\/thecarpetbaggerreport\/journalists-phone-records-are-fair-game\/","title":{"rendered":"Journalists&#8217; phone records are &#8216;fair game&#8217;"},"content":{"rendered":"<p>Following up on their <a href=\"http:\/\/blogs.abcnews.com\/theblotter\/2006\/05\/federal_source_.html\">earlier report<\/a> on the government [tag]monitor[\/tag]ing their [tag]calls[\/tag], [tag]ABC[\/tag] News&#8217; Brian Ross and Richard Esposito <a href=\"http:\/\/blogs.abcnews.com\/theblotter\/2006\/05\/fbi_acknowledge.html\">added last night<\/a> that the FBI has acknowledged that it is &#8220;increasingly seeking reporters&#8217; phone records in leak investigations.&#8221;<\/p>\n<blockquote><p>&#8220;It used to be very hard and complicated to do this, but it no longer is in the [tag]Bush[\/tag] [tag]administration[\/tag],&#8221; said a senior federal official. [&#8230;]<\/p>\n<p>The official said our blotter item was wrong to suggest that ABC News [tag]phone calls[\/tag] were being &#8220;tracked.&#8221; &#8220;Think of it more as backtracking,&#8221; said a senior federal official.<\/p>\n<p>But [tag]FBI[\/tag] officials did not deny that phone records of ABC News, the New York Times and the Washington Post had been sought as part of a investigation of leaks at the CIA.<\/p>\n<p>In a statement, the FBI press office said its leak investigations begin with the examination of government phone records. &#8220;The FBI will take logical investigative steps to determine if a criminal act was committed by a government employee by the unauthorized release of classified information,&#8221; the statement said.<\/p>\n<p>Officials say that means that phone records of reporters will be sought if government records are not sufficient.<\/p><\/blockquote>\n<p>The apparent mechanism used by the FBI here is [tag]National Security Letters[\/tag] ([tag]NSL[\/tag]), originally created in the 1970s for espionage and terrorism investigations, but expanded under Bush through the Patriot Act to apply to almost anyone.<\/p>\n<p>The WaPo had a very helpful article on NSLs <a href=\"http:\/\/www.washingtonpost.com\/wp-dyn\/content\/article\/2005\/11\/05\/AR2005110501366.html\">last November<\/a>, which explained that the law now empowers the FBI to obtain secret information about Americans &#8212; including phone calls, internet visits, even credit ratings &#8212; whether they&#8217;re suspected of wrongdoing or not. Officials can probe personal information in total secrecy, literally forever. This information can be collected without the consent, or even knowledge, of a judge. And these letters are issued routinely, tens of thousands of times a year in the post-9\/11 era.<\/p>\n<p>And now the law, apparently, is being used to target [tag]journalists[\/tag], because they occasionally report on leaks from government officials.<\/p>\n<p>Josh Marshall <a href=\"http:\/\/www.talkingpointsmemo.com\/archives\/008470.php\">explained<\/a>, &#8220;Given the Bush administration&#8217;s self-servingly indulgent definition of the War on Terror, I don&#8217;t doubt that they would define finding leakers as a subdivision of fighting terrorism, or for that matter scrutinizing political opponents. We need to know more about what Ross is talking about.&#8221; Sounds like a good idea.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Following up on their earlier report on the government [tag]monitor[\/tag]ing their [tag]calls[\/tag], [tag]ABC[\/tag] News&#8217; Brian Ross and Richard Esposito added last night that the FBI has acknowledged that it is &#8220;increasingly seeking reporters&#8217; phone records in leak investigations.&#8221; &#8220;It used to be very hard and complicated to do this, but it no longer is in [&hellip;]<\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[617],"tags":[],"class_list":["post-7420","post","type-post","status-publish","format-standard","hentry","category-general"],"_links":{"self":[{"href":"https:\/\/stevebenen.com\/thecarpetbaggerreport\/wp-json\/wp\/v2\/posts\/7420","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/stevebenen.com\/thecarpetbaggerreport\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/stevebenen.com\/thecarpetbaggerreport\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/stevebenen.com\/thecarpetbaggerreport\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/stevebenen.com\/thecarpetbaggerreport\/wp-json\/wp\/v2\/comments?post=7420"}],"version-history":[{"count":0,"href":"https:\/\/stevebenen.com\/thecarpetbaggerreport\/wp-json\/wp\/v2\/posts\/7420\/revisions"}],"wp:attachment":[{"href":"https:\/\/stevebenen.com\/thecarpetbaggerreport\/wp-json\/wp\/v2\/media?parent=7420"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/stevebenen.com\/thecarpetbaggerreport\/wp-json\/wp\/v2\/categories?post=7420"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/stevebenen.com\/thecarpetbaggerreport\/wp-json\/wp\/v2\/tags?post=7420"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}