The FBI is taking flak from "privacy advocacy groups" (ie, leftist, anti-American groups) for something they deserve to get flak on: abusing National Security Letters (NSLs). Privacy, er, leftist, "advocacy" groups are crying foul as spokespersons were throwing out various cue-the-ominous-music statements about the dawning of Big Brother, etc.
(Their nightmares of course come out of their ever-fanciful imaginations of jack-booted Rightwing
Christian Thugs, breaking into their peace-loving homes to steal their
weed plants and finally establishing a Dispensationalist Christian Theocracy.)
All this, of course, is their excuse for their ongoing efforts to undermine the PATRIOT Act reforms that really are assisting our counterterrorism efforts. However, the NSL problems are self-generated for the FBI, and will likely get worse before they get better. In a bureaucracy as entrenched and technophobic as the Bureau's everything revolves around avoiding trouble, controversy, responsibility and ever-more burdensome paperwork.
As a former FBI ops analyst, I agree with Mike Tanji at Haft of the Spear: it's the bureaucracy.
It's a bureaucracy (no pun intended). Even among gov't agencies it has long been a stand-out in its ability to frustrate and hinder . . . and that's just how employees are treated.
Note that not only is internal training/procedure broken, but those pinged for data were at least as ignorant if not more so.
Problem identified, course of action identified and solution underway, but don't look for critics to focus on that aspect.
Another reason to look with a jaundiced eye at their general IT and data mining projects. Cannot expect people to feel confident if you continue to demonstrate that you don't have your s*** together.
As an Intelligence Operation Specialist I spent most of my time practicing mindless paperwork procedures, almost all of it in hard copy. You see, in 2003, when I was there, the only things automated were a few WordPerfect macros used to format documents. Everything else was done in hard copy. My job was to assist in preparing applications requesting surveillance under the Foreign Intelligence Surveillance Act (FISA), but you may have just called me a junior priestess of paperwork procedures.
The memorandum requesting an application required three or four signatures, but the signature of manager B could not be dated before the signature of manager A. Signature C had to be given on the same day as that of B, but not all three on the same day.
Get it? There's more.
One of the senior managers -- like the Deputy Director for Something or Other -- had this horrible, evil woman as "support" staff who would "edit" your memorandums. If she found a single space after a period here or a comma misplaced there, she would return the memorandum even if there were no other problems, and you had to start the whole signature process over again.
That's just the memo. You have to get to the application in order to really see the paperwork flowing, including a form that had to be signed by -- if I remember correctly -- five different people, some in the field, some at FBI headquarters. And that's before it went to the lawyers for review. Once it went through the lawyer process, you had to rewrite the application paperwork and start the signature process all over again with even more signatures.
Get it?
Now before 9-11, an average ops analyst (that's me) supported work around one or two FISA applications. If you had three, you were really, really busy. At one point in 2003 I was managing twelve, and from what I hear it's far worse now than it was when I was there.
Now the processes could have been altered. They could have introduced business process software. They could have streamlined the signature process, etc. I don't know. Given my understanding of the institution and its bureaucracy, what I see in the near future is not less use of the NSLs, but more mindless paperwork procedures to burden agents and staff (all in the name of "oversight" and "accountability"), and even less interest for them in following the rules when the pressure is on.