Local officials criticize FBI’s use of national security letters

David Kihara

Tuesday, Nov. 8, 2005 | 8:03 a.m.

The FBI's tactic of gathering information on individuals without a judge's approval has come under fire from local lawmakers and the gaming industry.

The tactic involves the FBI sending companies "national security letters." According to a Washington Post investigation, the FBI's requests demand that casinos, libraries or other institutions turn over billing information or gaming profiles of anyone involved in a terrorism investigation.

These requests, which have been issued in Las Vegas, have angered gaming officials.

"The federal government's use of national security letters to solicit private information on seemingly innocent individuals constitutes an unacceptable intrusion on the privacy of our customers," American Gaming Association President Frank Fahrenkopf said in a prepared statement.

Asking casinos to surrender records chronicling everything from where visitors eat and what shows they attend to how much they gamble "simply goes too far," he said.

The FBI issues more than 30,000 national security letters a year, according to the Post. This number could not be verified by the FBI's headquarters in Washington.

Senate Minority Leader Harry Reid, D-Nev., came out strongly against the letters, saying they could constitute a violation of privacy.

"I am deeply concerned by reports that the Justice Department is now issuing 30,000 national security letters a year, that it has badgered Las Vegas hotels for information about guests and that it is keeping information about innocent Las Vegas visitors long after the end of an investigation," he said via e-mail.

"Americans expect us to be tough on terrorism, but also to be tough on anyone who invades their privacy -- including the federal government," he said.

Sen. John Ensign, R-Nev., could not comment because of scheduling conflicts, spokesman Jack Finn said.

The authorities have issued the letters since the 1970s, when they were used specifically to target suspected foreign agents. However, the government broadened the letters use after 9/11. Under the Patriot Act, the letters can be used to gather information on anyone involved in a "clandestine or terrorist investigation," Special Agent David Schrom, Las Vegas FBI spokesman, said.

The letters allow the FBI to gain personal information on people without a judge's approval and prohibit those who receive the order from talking about it publicly.

The information is kept in federal data banks and is not purged even if the suspect is cleared, the FBI said.

"We're not trying to circumvent the law. We're just trying to get this information as quickly as we can," Schrom said.

The FBI has used or threatened to issue letters to casinos to gather information on thousands of tourists, according to the Post and other publications.

In December 2003, the Homeland Security Department declared an orange alert after vague intelligence indicated that Las Vegas would be the target of a terrorist attack on New Year's Eve. The FBI began to collect records of nearly every tourist who arrived in Las Vegas to find leads on suspected terrorists.

The casino industry "balked" at the FBI's initial requests for guest lists, according to the Post. The FBI threatened to use national security letters to get "gaming profiles of casino guests," if the casinos wouldn't hand over other information, the story said.

Although stories indicated that the FBI used national security letters during the 2003 scare, Schrom said they were never issued. He could not comment on whether the FBI threatened to use them. Schrom confirmed, however, that the FBI has used national security letters in Las Vegas but would not divulge any other information.

Alan Feldman, MGM Mirage senior vice president of public affairs, said he could not comment on whether the company has received national security letters.

Previously, MGM Mirage complied with any FBI requests to turn over information when served with the proper papers, he said. Those requests often narrowly focused on an individual or activity, he said.

"Now, we're seeing requests by the government for a very broad set of data that is not specific to one set of activities or people," he said. "Businesses that are the keepers of this data have a reasonable concern to protect the confidentiality of its customers' information."

But some Nevada lawmakers believe there is a balancing act between privacy concerns and the need for national security. Rep. Jim Gibbons, R-Nev., believed that some incidents, such as the "extraordinary situation" during New Year's Eve 2003, merited the FBI's actions to take "precautionary steps against such a threat," his spokeswoman Amy Maier said.

"Congressman Gibbons is sensitive to the privacy concerns, but he also wants to ensure that the residents and visitors to Las Vegas are protected from terrorism," she said.

The ACLU Nevada, however, believes the "balancing act" would be much better served with some sort of judicial oversight.

"I'm not against Congressman Gibbons, but those sound like more talking points than a careful examination of policy," Executive Director Gary Peck said. "There's virtually no meaningful oversight ... (The FBI) gathered private information on hundreds of thousands of individuals and we have no way of knowing what that information is. There is no opportunity to challenge it because of the strict gag orders."

David Kihara can be reached at 259-2330 or at davidk@ lasvegassun.com