Monday, May 15, 2006

Rooting out confidential sources

From an ABC News blog:

A senior federal law enforcement official tells ABC News the government is tracking the phone numbers we (Brian Ross and Richard Esposito) call in an effort to root out confidential sources.

"It's time for you to get some new cell phones, quick," the source told us in an in-person conversation.

ABC News does not know how the government determined who we are calling, or whether our phone records were provided to the government as part of the recently-disclosed NSA collection of domestic phone calls.

Other sources have told us that phone calls and contacts by reporters for ABC News, along with the New York Times and the Washington Post, are being examined as part of a widespread CIA leak investigation.
Amazingly, the FBI subsequently confirmed this and claimed the authority to engage in call mining to investigate leaks stems from the PATRIOT Act:
The FBI acknowledged [in a statement] late Monday that it is increasingly seeking reporters' phone records in leak investigations...

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," the statement said.

Officials say that means that phone records of reporters will be sought if government records are not sufficient.

Officials say the FBI makes extensive use of a new provision of the Patriot Act which allows agents to seek information with what are called National Security Letters (NSL).

The NSLs are a version of an administrative subpoena and are not signed by a judge. Under the law, a phone company receiving a NSL for phone records must provide them and may not divulge to the customer that the records have been given to the government.
Beyond (bad) leak squashing, I think it's reasonable to wonder if the Bushies are using material rounded up in NSA spy nets for blackmail or other purposes for their political benefit. That would seem to be the next logical step for this administration.