‘Wash Post’ Publishes Rare Op-Ed by ‘Anonymous’ On FBI Abuse

By E&P Staff
Published: March 23, 2007 9:30 AM ET

NEW YORK “It is the policy of The Washington Post not to publish anonymous pieces,” the newspaper declares on page A17 of today’s edition. “In this case, an exception has been made because the author — who would have preferred to be named — is legally prohibited from disclosing his or her identity in connection with receipt of a national security letter.

“The Post confirmed the legitimacy of this submission by verifying it with the author’s attorney and by reviewing publicly available court documents.”

What follows … is the submission by “John Doe.” The entire piece is available at www.washingtonpost.com.

The Justice Department’s inspector general revealed on March 9 that the FBI has been systematically abusing one of the most controversial provisions of the USA Patriot Act: the expanded power to issue “national security letters.” It no doubt surprised most Americans to learn that between 2003 and 2005 the FBI issued more than 140,000 specific demands under this provision … without a showing of probable cause or prior judicial approval — to obtain … sensitive information about U.S. citizens and residents. It did not, however, come as any surprise to me.

Three years ago, I received a national security letter (NSL) in my capacity as the president of a small Internet access … business. The letter ordered me to provide sensitive information about one of my clients. There was no indication that a judge had reviewed or approved the letter, and it turned out that none had. The letter came with a gag provision that prohibited me from telling anyone … that the FBI was seeking this information. Based on the context of the demand … I suspected that the FBI was abusing its power and that the letter sought information to which the FBI was not entitled.

… I contacted lawyers at the American Civil Liberties Union, and … filed a lawsuit challenging the constitutionality of the NSL power. I never released the information … and … the FBI decided that it no longer needs the information anyway. But the FBI still hasn’t abandoned the gag order that prevents me from disclosing my experience and concerns with … the national security letter that was served on my company. …

Living under the gag order has been stressful and surreal. Under the threat of criminal prosecution, I must hide all aspects of my involvement in the case — including the mere fact that I received an NSL — from my colleagues, my family and my friends. When I meet with my attorneys I cannot tell my girlfriend where I am going or where I have been. I hide any papers related to the case …. When clients and friends ask me whether I am the one challenging the constitutionality of the NSL statute, I have no choice but to … lie.

I resent being conscripted as a secret informer for the government and being made to mislead those who are close to me, especially because I have doubts about the legitimacy of the underlying investigation.

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