"A routine tool"

The FBI issued 30,000 of these per year since the Patriot Act was enacted.

A national security letter cannot be used to authorize eavesdropping or to read the contents of e-mail. But it does permit investigators to trace revealing paths through the private affairs of a modern digital citizen. The records it yields describe where a person makes and spends money, with whom he lives and lived before, how much he gambles, what he buys online, what he pawns and borrows, where he travels, how he invests, what he searches for and reads on the Web, and who telephones or e-mails him at home and at work.

Actually, that 30,000 number is just the reporters' best guess, since the actual number is classified -- Congress isn't even kept informed.

It's comforting to know that the foundation of the police state -- data collection -- is being laid, brick by "9-11 changed everything" brick.

The House and Senate have voted to make noncompliance with a national security letter a criminal offense. The House would also impose a prison term for breach of secrecy.

Like many Patriot Act provisions, the ones involving national security letters have been debated in largely abstract terms. The Justice Department has offered Congress no concrete information, even in classified form, save for a partial count of the number of letters delivered. The statistics do not cover all forms of national security letters or all U.S. agencies making use of them.

"The beef with the NSLs is that they don't have even a pretense of judicial or impartial scrutiny," said former representative Robert L. Barr Jr. (Ga.), who finds himself allied with the American Civil Liberties Union after a career as prosecutor, CIA analyst and conservative GOP stalwart. "There's no checks and balances whatever on them. It is simply some bureaucrat's decision that they want information, and they can basically just go and get it."

Sensitive, aren't you Bob? What's a little First and Fourth Amendment violation between friends? Ah, but piss off the Chamber of Commerce, then you've gone too far, you Sons of J. Edgar Hoover!

Resistance to national security letters is rare. Most of them are served on large companies in highly regulated industries, with business interests that favor cooperation. The in-house lawyers who handle such cases, said Jim Dempsey, executive director of the Center for Democracy and Technology, "are often former prosecutors -- instinctively pro-government but also instinctively by-the-books." National security letters give them a shield against liability to their customers.

Kenneth M. Breen, a partner at the New York law firm Fulbright & Jaworski, held a seminar for corporate lawyers one recent evening to explain the "significant risks for the non-compliant" in government counterterrorism investigations. A former federal prosecutor, Breen said failure to provide the required information could create "the perception that your company didn't live up to its duty to fight terrorism" and could invite class-action lawsuits from the families of terrorism victims. In extreme cases, he said, a business could face criminal prosecution, "a 'death sentence' for certain kinds of companies."

The volume of government information demands, even so, has provoked a backlash. Several major business groups, including the National Association of Manufacturers and the U.S. Chamber of Commerce, complained in an Oct. 4 letter to senators that customer records can "too easily be obtained and disseminated" around the government. National security letters, they wrote, have begun to impose an "expensive and time-consuming burden" on business.

The House and Senate bills renewing the Patriot Act do not tighten privacy protections, but they offer a concession to business interests. In both bills, a judge may modify a national security letter if it imposes an "unreasonable" or "oppressive" burden on the company that is asked for information.

In remarkable logic, the Inspector General of the Justice Dept. says that they've received no complaints about security letters. Of course, if you're unaware that your book purchases, video rentals, email, web surfing, your week's stay in Vegas, and your library history are being monitored by the FBI, what is there to complain about?

Speaking of email, send one to your congressman.

UPDATED to include a link to the Patriot Act primer.