Columnist Jeff German: How information on tourists is gathered during terror alerts

Thursday, Dec. 8, 2005 | 8:09 a.m.

Jeff German's column appears Sunday, Tuesday, Thursday and Friday in the Sun. Reach him at german@lasvegassun.com or (702) 259-4067.

It's amazing what a little communication can do to clear up erroneous perceptions on the homeland security front.

Casino industry executives, I'm told, met behind closed doors last week with Ellen Knowlton, special agent in charge of the Las Vegas FBI office.

And lo and behold, the casino bigwigs left the session feeling more comfortable about the way the FBI gathers information on the Strip during potential terrorism threats.

"At this point in time, our main concerns have been alleviated," says Frank Fahrenkopf, president of the American Gaming Association, the industry's lobbying arm in Washington.

The association's high-powered board, which includes the biggest names in the industry, received a favorable account of the meeting on Wednesday.

Fahrenkopf was among those who criticized the FBI last month after The Washington Post reported that agents in Las Vegas issued national security letters on the Strip two years ago to obtain carefully guarded information about casino guests.

Agents at the time had undertaken a massive information-gathering effort to determine the validity of vague intelligence that suggested Las Vegas might be a terrorism target during the height of the holiday season.

Civil libertarians abhor the use of national security letters because they allow the FBI to obtain personal information without a judge's approval.

But it turns out -- as Knowlton explained last week to about 20 casino executives, mostly general counsels and security chiefs -- that the FBI did not use national security letters in its pressure-packed hunt for information two years ago.

The information was obtained through a variety of other means. Much of it was voluntarily turned over. But in some cases a simple letter on FBI stationery requesting the records was delivered to the casinos, and in other cases subpoenas were issued.

Knowlton, I'm told, also informed the casino executives that all of the data collected on the tens of thousands of tourists was stored in a vault in Las Vegas and not disseminated outside the FBI. And she disclosed that she has requested permission from FBI headquarters in Washington to destroy the records.

Knowlton, with the help of Agent Dave Staretz, her chief spokesman and legal counsel, also explained how the FBI uses national security letters.

And both Knowlton and Staretz came away pleased with the response they got from the casino executives.

"We believe we had a successful meeting with the industry in outlining the limitation of national security letters in our fight against terrorism," Staretz says. "We wanted to stress that we are cognizant of civil liberties and the right to privacy."

Rep. Jim Gibbons, R-Nev., who arranged and attended the meeting, had high praise for the FBI's presentation.

"I think the FBI did a great job of reiterating that NSLs (national security letters) can't be used to seize or search property, listen to phone calls or open mail or even read e-mails," says Gibbons, a member of the House Committee on Homeland Security.

"The FBI also pointed out that NSLs are requests, not orders. People can challenge them in court."

Gibbons, a candidate for governor in 2006, says the meeting should have opened the lines of communication on the homeland security front in Las Vegas.

"It's my hope that this is the beginning of a constant and continuing dialogue betweeen the FBI and the gaming industry," he says.

If it is, it will help separate fact from fiction when future terrorism threats arise.