TRIALS BY FIRE - Belfer Center for Science and International Affairs

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TRIALS BY FIRE - Belfer Center for Science and International Affairs

posable cell communication associated with a suspect or suspects.Although Congress had originally intended the roving-wiretap provisionto ‘sunset’ at the end of 2005, they have renewed it twice, mostrecently in February 2010.• The Act expanded the use of National Security Letters (NSLs), whichallow the FBI to search certain telephone, email, and financial recordswithout a court order. NSLs are written commands comparable to anadministrative subpoena and give government agencies responsiblefor certain foreign intelligence investigations (principally the FBI) issuingauthority. Though originated in the 1970s, the USA-PATRIOTAct expanded the FBI’s ability to use NSLs to access the records ofpeople suspected of being foreign agents. Notably, 47,000 NSLs wereissued in 2005, compared with 8,500 in 2000.Intelligence Reform and Terrorism Prevention Act (IRTPA) (2004)In response to recommendations made by the National Commission on TerroristAttacks Upon the United States (popularly known as the 9/11 Commission),Congress passed the Intelligence Reform and Terrorism PreventionAct in 2004. IRTPA, combined with Executive Order 12333, established theDirector of National Intelligence (DNI) to oversee the Intelligence Community,causing the largest bureaucratic restructuring of the national security bureaucracysince 1947. 16• The DNI became the statutory head of the Intelligence Communityas well as the President’s “principal advisor…for intelligence mattersrelated to national security,” 17 supplanting the Director of CIA, whosince 1947 had served in that function.• IRTPA also established the National Counterterrorism Center (NCTC)and the National Counterproliferation Center (NCPC), interagencyorganizations dedicated to coordinating and integrating analysis ofterrorism threats and halting nuclear proliferation and related technologies,respectively.Some controversies emerged during the Congressional IRTPA debate, mostof which involved jurisdictional concerns held by the Pentagon. For example,some expressed concern that a DNI with control of defense intelligence assetsBelfer Center for Science and International Affairs | Harvard Kennedy School15

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