A Review of FBI Security Programs
A Review of FBI Security Programs
A Review of FBI Security Programs
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The security consequences <strong>of</strong> this policy are difficult to assess. Obviously, many<br />
cases previously restricted by default or designation are now open to the full universe <strong>of</strong> ACS<br />
users. Substantial sensitive source material is now unrestricted. For example, while<br />
informant and asset files remain restricted, it is likely that at least some <strong>of</strong> the other case files<br />
to which source information is attached are now unrestricted.<br />
While this new policy retained restrictions on tax and most grand jury information,<br />
other confidential information was not afforded continued protection. For instance,<br />
information collected pursuant to the Foreign Intelligence Surveillance Act (FISA)<br />
historically has been housed in restricted cases. There are complicated procedures – many<br />
driven by executive policy, but some predicated on case and constitutional law – governing<br />
the use <strong>of</strong> FISA information in criminal cases. Accordingly, problems may arise in making<br />
FISA information generally accessible throughout a system employed by agents conducting<br />
criminal investigations. 15 And a point more central to our mandate is again true: highly<br />
classified information has been made available to a range <strong>of</strong> Bureau personnel far broader<br />
than those who need to know it.<br />
Having implemented this decision, there is little the <strong>FBI</strong> can do to reverse it. For<br />
example, ACS does not have a separate case classification for investigations employing FISA<br />
information. Consequently, while a terrorism case (now unrestricted) might include FISA<br />
information, not all terrorism cases will. Therefore, it will be very difficult to identify all<br />
cases that include FISA information, particularly now that the information is generally<br />
available and may have been picked out for use in other (perhaps even criminal) cases.<br />
Even if the Bureau were to reinstate restrictions on certain existing cases, the case<br />
files have been generally available on ACS for some time; returning these cases to their<br />
previous security status has been likened to putting toothpaste back into a tube. Even if<br />
15<br />
On October 12, 2001, the <strong>FBI</strong>’s General Counsel ordered by Electronic<br />
Communication that FISA information newly uploaded onto ACS carry a warning about its<br />
source and declaring that the information cannot be used in criminal cases without approval from<br />
Headquarters and the Department <strong>of</strong> Justice.<br />
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