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Friday, December 7, 2007

Freedom of Information Act

Freedom of Information Act

The Freedom of Information Act (FOIA) is the implementation of freedom of information legislation in the United States. It was signed into law by President Lyndon B. Johnson on July 4, 1966 (Amended 2002), and went into effect the following year. This act allows for the full or partial disclosure of previously unreleased information and documents controlled by the U.S. Government. The Act defines agency records subject to disclosure, outlines mandatory disclosure procedures and grants nine exemptions to the statute. [1]


Background

With the ongoing stress on both constitutional and inherent rights of American citizens and the added assertion of government subservience to the individual, some thought it was necessary for government information to be available to the public.
However, the sensitivity of some government information and private interests clash with this view. Therefore, Congress attempted to enact a Freedom of Information Act in 1966 that would effectively deal with requests for government records, consistent with the belief that the people have the “right to know” about them. The Privacy Act of 1974 additionally covered government documents charting individuals.

However, it is in the exemptions to solicitation of information under these acts that problems and discrepancies arise. The nine exemptions to the FOIA address issues of sensitivity and personal rights. They are (as listed in Title 5 of the United States Code, section 552): [1]


  1. (A) specifically authorized under criteria established by an Executive order to be kept secret in the interest of national defense or foreign policy and (B) are in fact properly classified pursuant to such Executive order;
  2. related solely to the internal personnel rules and practices of an agency;
  3. specifically exempted from disclosure by statute (other than section 552b of this title), provided that such statute (A) requires that the matters be withheld from the public in such a manner as to leave no discretion on the issue, or (B) establishes particular criteria for withholding or refers to particular types of matters to be withheld;
  4. trade secrets and commercial or financial information obtained from a person and privileged or confidential;
  5. inter-agency or intra-agency memoranda or letters which would not be available by law to a party other than an agency in litigation with the agency;
  6. personnel and medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy;
  7. records or information compiled for law enforcement purposes, but only to the extent that the production of such law enforcement records or information (A) could reasonably be expected to interfere with enforcement proceedings, (B) would deprive a person of a right to a fair trial or an impartial adjudication, (C) could reasonably be expected to constitute an unwarranted invasion of personal privacy, (D) could reasonably be expected to disclose the identity of a confidential source, including a State, local, or foreign agency or authority or any private institution which furnished information on a confidential basis, and, in the case of a record or information compiled by a criminal law enforcement authority in the course of a criminal investigation or by an agency conducting a lawful national security intelligence investigation, information furnished by a confidential source, (E) would disclose techniques and procedures for law enforcement investigations or prosecutions, or would disclose guidelines for law enforcement investigations or prosecutions if such disclosure could reasonably be expected to risk circumvention of the law, or (F) could reasonably be expected to endanger the life or physical safety of any individual;
  8. contained in or related to examination, operating, or condition reports prepared by, on behalf of, or for the use of an agency responsible for the regulation or supervision of financial institutions; or
  9. geological and geophysical information and data, including maps, concerning wells.


Scope

The act explicitly applies only to federal government agencies. These agencies are under several mandates to comply with public solicitation of information. Along with making public and accessible all bureaucratic and technical procedures for applying for documents from that agency, agencies are also subject to penalties for hindering the process of a petition for information. If “agency personnel acted arbitrarily or capriciously with respect to the withholding, [a] Special Counsel shall promptly initiate a proceeding to determine whether disciplinary action is warranted against the officer or employee who was primarily responsible for the withholding.” [2] In this way, there is recourse for one seeking information to go to a Federal court if suspicion of illegal tampering or delayed sending of records exists. However, there are nine exemptions, ranging from a withholding “specifically authorized under criteria established by an Executive order to be kept secret in the interest of national defense or foreign policy” and “trade secrets” to “clearly unwarranted invasion of personal privacy.” [2] Thus, in all cases, the President has unlimited power in declaring something off-limits or necessarily classified in the concern of national safety.


The Privacy Act Amendments of 1974

Following the Watergate scandal, President Gerald R. Ford wanted to sign Freedom of Information Act-strengthening amendments in the Privacy Act of 1974, but concern about leaks (by his chief of staff Donald Rumsfeld and deputy Richard Cheney) and legal arguments that the bill was unconstitutional (by government lawyer Antonin Scalia, among others) persuaded Ford to veto the bill, according to declassified documents in 2004.[3] However, Congress voted to override Ford's veto, giving the United States the core Freedom of Information Act still in effect today, with judicial review of executive secrecy claims.[4]

These amendments to the FOIA regulate government control of documents which concern a citizen. It gives one “(1) the right to see records about [one]self, subject to the Privacy Act's exemptions, (2) the right to amend that record if it is inaccurate, irrelevant, untimely, or incomplete, and (3) the right to sue the government for violations of the statute including permitting others to see [one’s] records unless specifically permitted by the Act.”[5] In conjunction with the FOIA, the PA is used to further the rights of an individual gaining access to information held by the government. The Justice Department's Office of Information and Privacy and federal district courts are the two channels of appeal available to seekers of information.[6]


The 1976 Government in the Sunshine Act amendments to the FOIA

In 1976, as part of the Government in the Sunshine Act, Exemption 3 of the FOIA was amended so that several exemptions were specified:

1) information relating to national defense,
2) related solely to internal personnel rules and practices,
3) related to accusing a person of a crime,
4) related to information where disclosure would constitute a breach of privacy,
5) related to investigatory records where the information would harm the proceedings,
6) related to information which would lead to financial speculation or endanger the stability of any financial institution, and 7) related to the agency's participation in legal proceedings.


The 1986 Omnibus Anti-Drug Abuse Act amendments to the FOIA

The FOIA amendments were a small part of the bipartisan Anti-Drug Abuse Act of 1986. Congress amended FOIA to address the fees charged by different categories of requesters and the scope of access to law enforcement and national security records. The amendments are not referenced in the congressional reports on the Act, so the floor statements provide an indication of Congressional intent.[7]


Reagan's Executive Order limiting the FOIA

Between 1982 and 1995, President Reagan's Executive Order 12,356 of 1982 allowed federal agencies to withhold enormous amounts of information under Exemption 1 (relating to national security information). [8] The outcry from the effect that the Reagan Order had on FOIA requests was a factor in leading President Clinton to dramatically alter the criteria in 1995.[9]



Expansion of the FOIA during the Clinton Administration

Between 1995 and 1999, President Clinton issued executive directives (and amendments to the directives) that allowed the release of previously classified national security documents more than 25 years old and of historical interest, as part of the FOIA.[10] This release of information allowed many previously publicly unknown details about the "Cold War" and other historical events to be discussed openly.[9]



The Electronic Freedom of Information Act Amendments of 1996

The Electronic Freedom of Information Act Amendments of 1996 (E-FOIA) stated that all agencies are required by statute to make certain types of records, created by the agency on or after November 1, 1996, available electronically. Agencies must also provide electronic reading rooms for citizens to use to have access to records. Given the large volume of records and limited resources, the amendment also extended the agencies' required response time to FOIA requests. Formerly, the response time was ten days and the amendment extended it to twenty days.[2]



Bush's Executive Order limiting the FOIA

Executive Order 13233, drafted by Alberto R. Gonzales and issued by George W. Bush on November 1, 2001, shortly after the September 11, 2001 attacks, restricted access to the records of former Presidents.


The Intelligence Authorization Act of 2002 amending the FOIA

In 2002, Congress passed the Intelligence Authorization Act for Fiscal Year 2003, Public Law 107-306.[11] Within this omnibus legislation were amendments to the FOIA (pertaining mainly to intelligence agencies) entitled "Prohibition on Compliance with Requests for Information Submitted by Foreign Governments":

Section 552(a)(3) of title 5, United States Code, is amended: (1) in subparagraph (A) by inserting "and except as provided in subparagraph (E)," after "of this subsection,"; and (2) by adding at the end the following: "(E) An agency, or part of an agency, that is an element of the intelligence community (as that term is defined in section 3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4))) shall not make any record available under this paragraph to-- "(i) any government entity, other than a State, territory, commonwealth, or district of the United States, or any subdivision thereof; or "(ii) a representative of a government entity described in clause (i).".[12]

In effect, this new language precluded any covered US intelligence agency from disclosing records in response to FOIA requests made by foreign governments or international governmental organizations. By its terms, it prohibits disclosure in response to requests made by such other-than-U.S. governmental entities either directly or through a "representative." [13] This means that for any FOIA request that by its nature appears as if it might have been made by or on behalf of a non-U.S. governmental entity, a covered agency may inquire into the particular circumstances of the requester in order to properly implement this new FOIA provision.[11]

The agencies affected by this amendment are those that are part of, or contain "an element of," the "intelligence community." As defined in the National Security Act of 1947 (as amended), they consist of the Central Intelligence Agency, the National Security Agency, the Defense Intelligence Agency, the National Imagery and Mapping Agency, the National Reconnaissance Office (and certain other reconnaissance offices within the Department of Defense), the intelligence elements of the Army, the Navy, the Air Force, and the Marine Corps, the Federal Bureau of Investigation, the Department of the Treasury, the Department of Energy, and the Coast Guard, the Department of Homeland Security, the Bureau of Intelligence and Research in the Department of State, and "such other elements of any other department or agency as may be designated by the President, or designated jointly by the Director of Central Intelligence and the head of the department or agency concerned, as an element of the intelligence community." [14][11]


See also

Freedom of information in the United States

Freedom of information legislation

The U.S. Reclassification Program

Commission on Protecting and Reducing Government Secrecy

NSA warrantless surveillance controversy

USA PATRIOT Act

Declassification

Barbara Schwarz, known for frequent filing of FOIA requests pro se.



External links

The Freedom of Information Act

The Freedom of Information Act Amended 1996

U.S. Department of Justice FOIA complete reference

Citizen's Guide on Using the Freedom of Information Act by the United States Congress Committee on Government Reform.

The National Security Archive - A non-profit organization which collects and publishes declassified documents acquired through the FOIA.

Open Records Law Handbook

Executive Order: Improving Agency Disclosure of Information

Veto Battle 30 Years Ago Set Freedom of Information Norms: Scalia, Rumsfeld, Cheney Opposed Open Government Bill; Congress Overrode President Ford's Veto of Court Review. Electronic Briefing Book No. 142. National Security Archive (George Washington University, Washington, D.C.) (2004-11-23).

Get My FBI File - a free web site that generates FOIA request letters to the United States
Federal Bureau of Investigation and other agencies to get a copy of your own files or records

Get Grandpa's FBI File - a free web site that generates FOIA request letters to the United States Federal Bureau of Investigation for files on deceased individuals

Federal Bureau of Investigation

Federal Bureau of Investigation

The Federal Bureau of Investigation (FBI) is the primary investigative arm of the United States Department of Justice (DOJ), serving as both a federal criminal investigative body and a domestic intelligence agency. At present, the FBI has investigative jurisdiction over violations of more than 200 categories of federal crimes, making the FBI the de-facto lead law enforcement agency of the United States government.[1] The motto of the bureau is "Fidelity, Bravery, Integrity".

In fiscal year 2006, the FBI's total budget was approximately $8.7 billion, including $495 million in program increases to enhance counter-terrorism, counterintelligence, cyber crime, information technology, security, forensics, training, and criminal programs.
It was established in 1908 as the Bureau of Investigation (BOI), and the name was changed to the FBI in 1935.

The FBI Headquarters are in Washington, D.C., and the FBI also has 56 field offices located in major cities throughout the United States as well as over 400 resident agencies in smaller cities and towns across the nation, and more than 50 international offices, called "Legal Attaches", in U.S. embassies worldwide.


Mission and priorities

The mission of the FBI is "To protect and defend the United States against terrorist and foreign intelligence threats, to uphold and enforce the criminal laws of the United States, and to provide leadership and criminal justice services to federal, state, municipal, and international agencies and partners."[1]

Currently, the FBI's top investigative priorities are:[2]


  1. Protect the United States from terrorist attack (see counter-terrorism);
  2. Protect the United States against foreign intelligence operations and espionage (see counter-intelligence);
  3. Protect the United States against cyber-based attacks and high-technology crimes (see cyber-warfare);
  4. Combat public corruption at all levels;
  5. Protect civil rights;
  6. Combat transnational/national criminal organizations and enterprises (see organized crime);
  7. Combat major white-collar crime;
  8. Combat significant violent crime;
  9. Support federal, state, local and international partners; and
  10. Upgrade technology for successful performance of the FBI's mission.

In March 2007, the top categories of lead criminal charges resulting from FBI investigations were:[3]


  1. Bank robbery and incidental crimes (137 charges)
  2. Attempt and conspiracy (102 charges)
  3. Drugs (96 charges)
  4. Material involving sexual exploitation of minors (68 charges)
  5. Bank fraud (65 charges)
  6. Mail fraud - frauds and swindles (60 charges)
  7. Fraud by wire, radio, or television (40 charges)
  8. Firearms; Unlawful acts (29 charges)
  9. Conspiracy to commit offense or to defraud US (27 charges)
  10. Assaults within maritime and territorial jurisdictions (21 charges)
  11. Hobbs Act (21 charges)

Legal authority

The FBI's mandate is established in Title 28 of the United States Code (U.S. Code), Section 533, which authorizes the Attorney General to "appoint officials to detect... crimes against the United States."[4] Other federal statutes give the FBI the authority and responsibility to investigate specific crimes.

The USA PATRIOT Act increased the powers allotted to the FBI, especially in wiretapping and monitoring of Internet activity. One of the most controversial provisions of the act is the so-called sneak and peek provision, granting the FBI powers to search a house while the residents are away, and not requiring them to notify the residents for several weeks afterwards. Under the PATRIOT Act's provisions the FBI also resumed inquiring into the library records[5] of those who are suspected of terrorism (something it had supposedly not done since the 1970s).

The FBI's chief tool against organized crime is the Racketeer Influenced and Corrupt Organizations (RICO) Act. The FBI is also charged with the responsibility of enforcing compliance of the United States Civil Rights Act of 1964 and investigating violations of the act in addition to prosecuting such violations with the United States Department of Justice (DOJ). The FBI also shares concurrent jurisdiction with the Drug Enforcement Administration (DEA) in the enforcement of the Controlled Substances Act of 1970.

Information obtained through an FBI investigation is presented to the appropriate US Attorney or Department of Justice (DOJ) official, who decides if prosecution or other action is warranted.


History

With the US Supreme Court's 1886 rejection of the states' right to enforce interstate commerce as a violation of the Constitution's commerce clause in Wabash, St. Louis & Pacific Railroad Company v. Illinois, 118 U.S. 557, 7 S. Ct. 4, 30 L. Ed. 244, and the 1887 passage of the Interstate Commerce Act, the Federal government suddenly found itself with a new obligation to enforce activities between the states. The Department of Justice, which had hired few permanent investigators since its establishment in 1870, made little effort to relieve its staff shortage until the turn of the century, when Attorney General Charles Joseph Bonaparte reached out to other agencies, including the Secret Service, for investigators. But Congress forbade this use of Treasury employees by Justice, passing a law to that effect in 1908. So the Attorney General moved to organize a formal Bureau of Investigation (BOI), complete with its own staff of special agents. Its jurisdiction derived from the Interstate Commerce Act of 1887.[6] [7] The FBI grew out of this force of Special Agents created on July 26, 1908 during the presidency of Theodore Roosevelt. Its first official task was visiting and making surveys of the houses of prostitution (in preparation for enforcing 'The White Slave Traffic Act' passed on June 25, 1910). In 1932, it was renamed the United States Bureau of Investigation. The following year it was linked to the Bureau of Prohibition and rechristened the Division of Investigation (DOI) before finally becoming the FBI in 1935.[6]

The director of the old BOI, J. Edgar Hoover, became the first FBI director and served for nearly 48 years. After Hoover's death, legislation was passed limiting the tenure of future FBI directors to a maximum of ten years. The Scientific Crime Detection Laboratory, or the FBI Laboratory, officially opened in 1932, largely as a result of Hoover's efforts. Hoover had substantial involvement in most cases and projects the FBI handled during his tenure.

During the so-called "war on crime" of the 1930s, FBI agents apprehended or killed a number of notorious criminals who carried out a number of kidnappings, robberies, and murders throughout the nation, including John Dillinger, "Baby Face" Nelson, Kate "Ma" Barker, Alvin "Creepy" Karpis, and George "Machine Gun" Kelly. While this campaign, as well as the campaign to build-up the FBI, was carried out in response to a national crime wave, most historians now believe that if there was a crime wave at all, it was grossly exaggerated during the Great Depression.

Other activities of its early decades included a decisive role in reducing the scope and influence of the Ku Klux Klan. Additionally, through the work of Edwin Atherton, the FBI claimed success in apprehending an entire army of Mexican neo-revolutionaries along the California border in the 1920s.

Beginning in the 1940s and continuing into the 1970s, the Bureau investigated cases of espionage against the United States and its allies. Eight Nazi agents who had planned sabotage operations against American targets were arrested, six of whom were executed (Ex parte Quirin). Also during this time, a joint US/UK code breaking effort (Venona)—with which the FBI was heavily involved—broke Soviet diplomatic and intelligence communications codes, allowing the US and British governments to read Soviet communications. This effort confirmed the existence of Americans working in the United States for Soviet intelligence.[8] Hoover was administering this project but failed to notify the Central Intelligence Agency (CIA) until 1952.

Another notable case is the arrest of Soviet spy Rudolf Abel in 1957.[9] The discovery of Soviet spies operating in the US allowed Hoover to pursue his longstanding obsession with the threat he perceived from the American left, ranging from Communist Party of the United States of America (CPUSA) union organizers to American liberals with no revolutionary aspirations whatsoever.

During the 1950s and 1960s, FBI officials became increasingly concerned about the influence of civil rights leaders. In 1956, for example, Hoover took the rare step of sending an open letter denouncing Dr. T.R.M. Howard, a civil rights leader, surgeon, and wealthy entrepreneur in Mississippi who had criticized FBI inaction in solving recent murders of George W. Lee, Emmett Till, and other blacks in the South. The FBI carried out controversial domestic surveillance in an operation called COINTELPRO.[10] It aimed at investigating and disrupting dissident political organizations within the United States, including both militant and non-violent organizations, including the Southern Christian Leadership Conference, a leading civil rights organization.[11]
Martin Luther King, Jr. was a frequent target of investigation. The FBI found no evidence of any crime, but attempted to use tapes of King involved in sexual activity for blackmail. In his 1991 memoirs, Washington Post journalist Carl Rowan asserted that the FBI had sent at least one anonymous letter to King encouraging him to commit suicide.[12]

When President John F. Kennedy was shot and killed, the jurisdiction fell to the local police departments until President Lyndon B. Johnson directed the FBI to take over the investigation.[13] To ensure that there would never be any more confusion over who would handle homicides at the federal level, Congress passed a law that put investigations of deaths of federal officials within FBI jurisdiction.

After the Racketeer Influenced and Corrupt Organizations Act (RICO Act) took effect, the FBI began investigating the former Prohibition organized groups, which by now become fronts for crime in major cities and even small towns. All of the FBI work was done undercover and from within these organizations using the provisions provided in the RICO Act and these groups were dismantled. Although Hoover initially denied the existence of a close-knit organized crime network in the United States, the Bureau later conducted operations against known organized crime syndicates and families, including those headed by Sam Giancana and John Gotti. The RICO Act is still used today for all organized crime and any individuals that might fall under the Act.

In 1984, the FBI formed an elite SWAT[14] team to help with problems that might arise at the 1984 Summer Olympics, particularly terrorism and major-crime. The formation of the team arose from the 1972 Summer Olympics at Munich, Germany when terrorists murdered Israeli Athletes. The team was named Hostage Rescue Team (HRT) and acts as the FBI lead for SWAT related procedures and all counter terrorism cases. Also formed in 1984 was the Computer Analysis and Response Team (CART).[15] The end of the 1980s and the early part of the 1990s saw the reassignment of over 300 agents from foreign counter intelligence duties to violent crime and the designation of violent crime as the sixth national priority. But with reduced cuts to other well-established departments, and because terrorism was not longer considered a threat after the end of the Cold War,[15] the FBI became a tool of local police forces for tracking fugitives who had crossed state lines, which was a felony. The FBI Laboratory also helped develop DNA testing, continuing the pioneering role in identification that began with its fingerprinting system in 1924.

Between 1993 and 1996, the FBI increased its counter-terrorism role in the wake of the first 1993 World Trade Center bombing in New York, New York and the Oklahoma City bombing in 1995, and the arrest of the Unabomber in 1996. Technological innovation and the skills of FBI Laboratory analysts helped ensure that all three of these cases were successfully prosecuted, but the FBI was also confronted by a public outcry in this period, which still haunts it today.[16]

After Congress passed the Communications Assistance for Law Enforcement Act (CALEA, 1994), the Health Insurance Portability and Accountability Act (HIPA, 1996), and the Economic Espionage Act (EEA, 1996), the FBI followed suit and underwent a technological upgrade in 1998, just as it did with its CART team in 1991. Computer Investigations and Infrastructure Threat Assessment Center (CITAC) and the National Infrastructure Protection Center (NIPC) were created to deal with the increase in Internet-related problems, such as computer viruses, worms, and other malicious programs that might unleash havoc in the US. With these developments, the FBI increased its electronic surveillance in public safety and national security investigations, adapting to how telecommunications advancements changed the nature of such problems.

Within months of the September 11, 2001 attacks, FBI Director Robert Mueller, who was only sworn in three days before the attacks, called for a re-engineering of FBI structure and operations. In turn, he made countering every federal crime a top priority, including the prevention of terrorism, countering foreign intelligence operations, addressing cyber security threats, other high-tech crimes, protecting civil rights, combating public corruption, organized crime, white-collar crime, and major acts of violent crime.[17]


Organization

The FBI is headquartered at the J. Edgar Hoover Building in Washington, D.C., with 56 field offices[18] in major cities across the United States. The FBI also maintains over 400 resident agencies across the United States, as well as over 50 legal attachés at United States embassies and consulates. Many specialized FBI functions are located at facilities in Quantico, Virginia, as well as in Clarksburg, West Virginia. The FBI is in process of moving its Records Management Division, which processes FOIA requests, to Winchester, Virginia.[19]

The FBI Laboratory, established with the formation of the BOI,[20] did not appear in the J. Edgar Hoover Building until its completion in 1974. The lab serves as the primary lab for most DNA, biological, and physical work. Public tours of FBI headquarters ran through the FBI laboratory workspace before the move to the J. Edgar Hoover Building. The services the lab conducts include Chemistry, Combined DNA Index System (CODIS), Computer Analysis and Response, DNA Analysis, Evidence Response, Explosives, Firearms and Tool marks, Forensic Audio, Forensic Video, Image Analysis, Forensic Science Research, Forensic Science Training, Hazardous Materials Response, Investigative and Prospective Graphics, Latent Prints, Materials Analysis, Questioned Documents, Racketeering Records, Special Photographic Analysis, Structural Design, and Trace Evidence.[21] The services of the FBI Laboratory are used by many state, local, and international agencies free of charge. The lab also maintains a second lab at the FBI Academy.

The FBI Academy, located in Quantico, Virginia, is home to the communications and computer laboratory the FBI utilizes. It is also where new agents are sent for training to become FBI Special Agents. Going through the twenty-one week course is required for every Special Agent.[22] It was first opened for use in 1972 on 385 acres (1.6 km²) of woodland. The Academy also serves as a classroom for state and local law enforcement agencies who are invited onto the premiere law enforcement training center. The FBI units that reside at Quantico are the Field and Police Training Unit, Firearms Training Unit, Forensic Science Research and Training Center, Technology Services Unit (TSU), Investigative Training Unit, Law Enforcement Communication Unit, Leadership and Management Science Unit's (LSMU), Physical Training Unit, New Agents' Training Unit (NATU), Practical Applications Unit (PAU), the Investigative Computer Training Unit and the "College of Analytical Studies."

The Criminal Justice Information Services (CJIS) Division,[23] located in Clarksburg, West Virginia. It is the youngest division of the FBI only being formed in 1991 and opening in 1995.

The complex itself is the length of three football fields. Its purpose is to provide a main repository for information. Under the roof of the CJIS are the programs for the National Crime Information Center (NCIC), Uniform Crime Reporting (UCR), Fingerprint Identification, Integrated Automated Fingerprint Identification System (IAFIS), NCIC 2000, and the National Incident-Based Reporting System (NIBRS). Many state and local agencies use these systems as a source for their own investigations and contribute to the database using secure communications. FBI provides these tools of sophisticated identification and information services to local, state, federal, and international law enforcement agencies.

The FBI often works in conjunction with other Federal agencies, including the United States Coast Guard and Customs and Border Patrol (CBP) in seaport security,[24] and the National Transportation Safety Board in investigating airplane crashes and other critical incidents. Immigration and Customs Enforcement (ICE) is the only other agency with the closest amount of investigative power. In the wake of the September 11, 2001 attacks, the FBI maintains a role in most federal criminal investigations.

The FBI is organized in the following manner:

National Security Branch

Counterintelligence Division
Counterterrorism Division
Directorate of Intelligence

Criminal Investigations Branch

Criminal Investigative Division
Cyber Division

Law Enforcement Services Branch

Criminal Justice Information Services Division
Critical Incident Response Group
Laboratory Division
Office of International Operations
Office of Law Enforcement Coordination
Operational Technology Division
Training & Development Division

Administration Branch

Administrative Services Division
Facilities & Logistics Services Division
Finance Division
Records Management Division
Security Division

Office of the Chief Information officer

Information Technology Operations Division
Office of IT Policy & Planning
Office of IT Program Management
Office of IT Systems Development


BOI and FBI directors

FBI Directors are appointed by the President of the United States. They must be confirmed by the United States Senate and serve ten-year terms. J. Edgar Hoover, appointed by Calvin Coolidge in 1924, was by far the longest-serving FBI Director, serving until his death in 1972. In 1968, Congress passed legislation as part of the Omnibus Crime Control and Safe Streets Act Pub.L. 90-351, June 19, 1968, 82 Stat. 197 that specified a 10-year term limit for future FBI Directors, as well as requiring Senate confirmation of appointees. As the incumbent, this legislation did not apply to Hoover, only to his successors. The current FBI Director is Robert Mueller, who was appointed in 2001 by George W. Bush.

The FBI director is responsible for the day-to-day operations at the FBI. Along with his deputies, the director makes sure cases and operations are handled correctly. The director also is in charge of making sure the leadership in any one of the FBI field offices are manned with qualified agents. Before the Intelligence Reform and Terrorism Prevention Act was passed in the wake of the September 11, 2001 attacks, the FBI director would brief the President of the United States on any issues that arise from within the FBI. Since then, the director now reports to the Director of National Intelligence (DNI) who in turn reports to the President.


Hiring process

While the exact process and details are classified, the process of becoming an employee of the FBI is arduous. At a minimum, FBI employees require a Top Secret (TS) security clearance, and in many instances, employees need a higher level, TS/SCI clearance.[25] In order to get a security clearance, all potential FBI personnel must pass a series of Single Scope Background Investigations (SSBI), which are conducted by the Office of Personnel Management.[26] Special Agents candidates also have to pass a rigorous Physical Fitness Test (PFT) that includes a 300-meter run, one-minute sit-ups, maximum push-ups, and a 1.5-mile (2.4 km) run. There is also a random drug test all FBI personnel have to pass in order to become an agent. In addition to the drug test, there is a polygraph test personnel have to pass, with questions including possible drug use. After potential special agent candidates are cleared with TS clearance and the Form SF-312 non-disclosure agreement is signed, they attend the FBI training facility located on Marine Corps Base Quantico in Virginia. Candidates spend approximately 21 weeks at the FBI Academy, where they receive over 500 classroom hours and over 1000 simulated law enforcement hours to train. Upon graduation, new FBI Special Agents are placed all around the country and the world, depending on their areas of expertise. Professional support staff works out of one of the many support buildings the FBI maintains. However, any Agent or Support staff member can be transferred to any location for any length of time if their skills are deemed necessary at one of the FBI field offices or one of the 400 resident agencies the FBI maintains.

As of October 31, 2006, the FBI had a total of 30,762 employees. That includes 12,659 special agents and 18,009 support staff, such as intelligence analysts, language specialists, scientists, information technology specialists, and other professionals.


Crime statistics

The Uniform Crime Reports (UCR) compile data from over 17,000 law enforcement agencies across the country. They provide detailed data regarding the volume of crimes to include arrest, clearance (or closing a case), and law enforcement officer information. The UCR focuses its data collection on violent crimes, hate crimes, and property crimes.[29] Created in the 1920s, the UCR system has not proven to be as uniform as its name implies. The UCR data only reflect the most serious offense in the case of connected crimes and has a very restrictive definition of rape.

Since about 93% of the data submitted to the FBI is in this format, the UCR stands out as the publication of choice as most states require law enforcement agencies to submit this data.
Preliminary Annual Uniform Crime Report for 2006 was released on June 4, 2006. The report shows violent crime offenses rose 1.3%, but the number of property crime offenses decreased 2.9% compared to 2005.[30]


National Incident Based Reporting System

The National Incident Based Reporting System (NIBRS) crime statistics system aims to address limitations inherent in UCR data. The system used by law enforcement agencies in the United States for collecting and reporting data on crimes. Local, state, and federal agencies generate NIBRS data from their records management systems. Data is collected on every incident and arrest in the Group A offense category. The Group A offenses are comprised of 46 specific crimes grouped in 22 offense categories. Specific facts about these offenses are gathered and reported in the NIBRS system. In addition to the Group A offenses, eleven Group B offenses are reported with only the arrest information. The NIBRS system is in greater detail than the summary-based UCR system. As of 2004, 5,271 law enforcement agencies submitted NIBRS data. That amount represents 20% of the United States population and 16% of the crime statistics data collected by the FBI.


Media portrayal

The FBI has been frequently depicted in popular media since the 1930s. The Bureau has participated to varying degrees, which has included direct involvement in the creative process itself in order to present the FBI in a favourable light, to providing consultation on operations and closed cases.[31]


Criticism

The FBI has endured public criticism and internal conflict in the past decade. As the FBI attempts to modernize technologically to take on a greater counter-terrorism role, there have been times where the FBI is scrutinized.

Most of the recent controversies in the FBI have been involved with "terrorist" organizations or "operational" mishaps. In the early and late 1990s, its role in the Ruby Ridge and Waco incidents caused an uproar over the tactics that were used. During the 1996 Summer Olympics in Atlanta, Georgia, the FBI was also criticized for its investigation on the Centennial Olympic Park bombing. It has recently settled a dispute with Richard Jewell, who was a private security guard at the venue, along with the media organizations,[32] from leaking his name during the investigation. In the 1990s, it turned out that the fingerprint unit of the FBI's crime lab had repeatedly done shoddy work. In some cases, the technicians, given evidence that actually cleared a suspect, reported instead that it proved the suspect guilty. Many cases had to be reopened when this pattern of errors was discovered.

In 2000, the FBI began the Trilogy project to upgrade its outdated IT infrastructure. This project, originally scheduled to take three years and cost around $380 million, ended up going far over budget and behind schedule.[33] Efforts to deploy modern computers and networking equipment were generally successful, but attempts to develop new investigation software, outsourced to SAIC, were a disaster. Virtual Case File, or VCF, as the software was known, was plagued by poorly defined goals, and repeated changes in management.[34] In January 2005, more than two years after the software was originally planned for completion, the FBI officially abandoned the project. At least $100 million (and much more by some estimates) was spent on the project, which was never operational. The FBI has been forced to continue using its decade-old Automated Case Support system, which is considered woefully inadequate by IT experts. In March 2005, the FBI announced it is beginning a new, more ambitious software project code-named Sentinel expected for completion by 2009.[35]

In February 2001, Robert Hanssen was caught selling information to the Russians. It was later learned that Hanssen, who had reached a high position within the FBI, had been selling intelligence since as early as 1979. He pleaded guilty to treason and received a life sentence in 2002, but the incident led many to question the security practices employed by the FBI. There was also a claim that Robert Hanssen might have contributed information that led to the September 11, 2001 attacks.[36]

The 9/11 Commission's final report on July 22, 2004 stated that the FBI and CIA were both partially to blame for not pursuing intelligence reports which could have prevented the September 11, 2001 attacks. In its most condemning assessment, the report concluded that the country had "not been well served" by either agency and listed numerous recommendations for changes within the FBI.[37] While the FBI has acceded to most of the recommendations, including oversight by the new Director of National Intelligence, some former members of the 9/11 Commission publicly criticized the FBI in October 2005, claiming it was resisting any meaningful changes.[38]

On July 8, 2007 the Washington Post published excerpts from UCLA Professor Amy Zegart's book Spying Blind: The CIA, the FBI, and the Origins of 9/11[39]. The article reported that government documents show the CIA and FBI missed 23 potential chances to disrupt the terrorist attacks of September 11, 2001. The primary reasons for these failures included: agency cultures resistant to change and new ideas; inappropriate incentives for promotion; and a lack of cooperation between the FBI, CIA and the rest of the United States Intelligence Community. The article went on to also blame the FBI's decentralized structure which prevented effective communication and cooperation between different FBI offices. The article also claimed that the FBI has still not evolved into an effective counterterrorism or counterintelligence agency, due in large part to deeply ingrained cultural resistance to change within the FBI. For example, FBI personnel practices continue to treat all staff other than Special Agents as support staff, categorizing Intelligence Analysts alongside the FBI's auto mechanics and janitors.[40]

A March 2007 report by the inspector general of the Justice Department described the FBI's "widespread and serious misuse" of national security letters, a form of administrative subpoena used to demand records and data pertaining to individuals. The report said that between 2003 and 2005 the FBI had issued more than 140,000 national security letters, many involving people with no obvious connections to terrorism. [41]


Faulty Bullet Lead Analysis Testimony

For over 40 years, the FBI crime lab in Quantico believed lead in bullets had unique chemical signatures, and that by breaking them down and analyzing them, it was possible to match bullets, not only to a single batch of ammunition coming out of a factory, but to a single box of bullets. The National Academy of Sciences conducted an 18 month independent review of comparative bullet lead analysis. In 2003, its National Research Council published a report calling into question 30 years of FBI testimony. It found the model the FBI used for interpreting results was deeply flawed and that the conclusion that bullet fragments could be matched to a box of ammunition so overstated, that it was misleading under the rules of evidence. One year later, the FBI decided to stop doing bullet lead analysis.

Of over 2500 cases using this analysis, there are potentially hundreds or thousands where FBI lab technicians provided forensic testimony at criminal trials. In each case, the testimony was wrong and misleading. The U.S. Government has a legal obligation to notify defendants about any information that might help prove their innocence, even after they have been convicted.

Only the FBI can identify the cases in which bullet lead analysis was performed, yet it has resisted releasing that information.

As a result of the 60 Minutes-Washington Post investigation in November, 2007, (two years later) the bureau said it will identify, review and release all of the pertinent cases, and notify prosecutors about cases in which faulty testimony was given. [42]


FBI Knowingly Assisted In Wrongful Conviction of Murder

Protecting an informant, the FBI allowed four innocent men to be convicted of murder in March 1965. Three of the men were sentenced to death (which was later reduced to life in prison). The fourth defendant was sentenced to life in prison, where he spent three decades.[43]

In July, 2007, U.S. District Judge Nancy Gertner in Boston found the bureau helped convict the four men of the March 1965 gangland murder of Edward "Teddy" Deegan. The U.S. Government was ordered to pay $100 million in damages to the four defendants.[44]


FBI files on specific persons

It is possible to obtain a copy of an FBI file on yourself, on a living person who gives you permission to do so, or on a deceased individual through the U.S. Freedom of Information Act. The FBI has generated files on numerous celebrities including Elvis Presley, Frank Sinatra, John Denver, Groucho Marx, MC5, Lou Costello, Sonny Bono, Mickey Mantle, and Gene Autry.[45]


See also

State level organizations

State Bureau of Investigation


Similar agencies of other nations

Bundeskriminalamt, Austria

Bundeskriminalamt, Germany

Central Bureau of Investigation, India

Royal Canadian Mounted Police

Canadian Security Intelligence Service

Serious Organised Crime Agency (UK)

Federal Agency of Investigation (Mexico)

Australian Federal Police

Policia Federal Argentina

Federal Security Service of the Russian Federation

National Bureau of Investigation (Philippines)


Notable persons

Edwin Atherton left the service and founded Atherton & Dunn private investigations firm

Richard Miller (first FBI Special Agent to be convicted of espionage)

Moses Powell (first black man to train FBI agents in hand-to-hand combat)



External links

Official FBI website

FBI Organizational Chart

Original Bureau of Investigation Document Online: William Randolph Hearst

ODMP listing of Fallen FBI Agents 1925–2007

Church Committee Report, Vol. 6, "Federal Bureau of Investigation." 1975 congressional inquiry into American intelligence operations.

Federal crime

Federal crime

In the United States, a federal crime or federal offense is a crime that is either made illegal by U.S. federal legislation or a crime that occurs on U.S. federal property.

Mail fraud which crosses state lines or involves the (national) US Postal Service counts as a federal offense.

The FBI has been granted powers to investigate federal offenses.

Other federal crimes include kidnapping, tax evasion, and Counterfeiting.



External links

US Code--Title 18--Crimes and Criminal Procedure

US Code--Title 18--Appendix

Denial-of-service attack

Denial-of-service attack

A denial-of-service attack (DoS attack) is an attempt to make a computer resource unavailable to its intended users. Although the means to, motives for and targets of a DoS attack may vary, it generally comprises the concerted, malevolent efforts of a person or persons to prevent an Internet site or service from functioning efficiently or at all, temporarily or indefinitely.

Denial-of-service attacks are considered violations of the IAB's Internet proper use policy. They also commonly constitute violations of the laws of individual nations.

Blackmail

Blackmail

Blackmail is the act of threatening to reveal information about a person, or even do something to destroy the threatened person, unless the blackmailed target fulfills certain demands. This information is usually of an embarrassing or socially damaging nature.

In a broader sense, blackmail is an offer to refrain from any action which would not be legal or normally allowed, and is thus distinguished from extortion.

The word is derived from the word for tribute paid by English and Scottish border dwellers to Border Reivers in return for immunity from raids. This tribute was paid in goods or labour (reditus nigri, or "blackmail"): the opposite is blanche firmes or reditus albi, or "white rent" (denoting payment by silver).

Extortion

Extortion

Extortion, outwresting, or exaction is a criminal offense, which occurs when a person either unlawfully obtains money, property or services from another through coercion or intimidation or threatens one with physical or reputational harm unless he is paid money or property.

Refraining from doing harm is sometimes euphemistically called protection. Extortion is commonly practiced by organized crime groups. The actual obtainment of money or property is not required to commit the offense. Making a threat of violence or a lawsuit which refers to a requirement of a payment of money or property to halt future violence or lawsuit is sufficient to commit the offense. The four simple words "pay up or else" are sufficient to constitute the crime of extortion. An extortionate threat made to another in jest is still extortion. Exaction refers not only to extortion or the unlawful demanding and obtaining of something through force, additionally, exact in its formal definition means the infliction of something such as pain and suffering or to make somebody endure something unpleasant.

In the United States, extortion may also be committed as a federal crime across a computer system, phone, by mail or in using any instrument of "interstate commerce". Extortion requires that the individual sent the message "willingly" and "knowingly" as elements of the crime. The message only has to be sent (but does not have to reach the intended recipient) to commit the crime of extortion.

Extortion is distinguished from blackmail. In blackmail, the blackmailer threatens to do something which would be legal or normally allowed.

Extortion is distinguished from robbery. In strong arm robbery, the offender takes goods from the victim with use of immediate force. In "robbery" goods are taken or an attempt is made to take the goods against the will of another—with or without force. A bank robbery or extortion of a bank can be committed by a letter handed by the criminal to the teller. In extortion, the victim is threatened to hand over goods, or else damage to their reputation or other harm or violence against them may occur. Under federal law extortion can be committed with or without the use of force and with or without the use of a weapon. A key difference is that extortion always involves a written or verbal threat whereas robbery can occur without any verbal or written threat (refer to U.S.C. 875 and U.S.C. 876).

The term extortion is often used metaphorically to refer to usury or to price-gouging, though neither is legally considered extortion. It is also often used loosely to refer to everyday situations where one person feels indebted against their will, to another, in order to receive an essential service or avoid legal consequences. For example, certain lawsuits, fees for services such as banking, automobile insurance, gasoline prices, and even taxation, have all been labeled "extortion" by people with various social or political beliefs.

Extortion currently carries up to a maximum prison sentence of 20 years in most states and under Federal law.


See also

Badger game

Clip joint

Coercion

Cryptovirology: The use of public key cryptography to carry out cryptoviral extortion.

Danegeld

Lion kidnapping: the taking of an innocent hostage to make a loved one or associate of the victim do something, e.g. a child is taken hostage to force the shopkeeper to open the safe; the term originates from the usually long preceding observation, like a lion does on the prowl.

Loan sharking

Nuclear blackmail

Tallage

RIAA

Terrorism