- The FBI destroyed evidence about terrorist Osama bin
Laden because its e-mail wiretap system mistakenly gathered information
it was not entitled to.
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- The FBI's Carnivore software not only spied on e-mails
of its target "but also picked up e-mails on non-covered targets,"
said a March 2000 memo to agency headquarters in Washington.
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- "The FBI technical person was apparently so upset
that he destroyed all the e-mail take, including the take on" the
suspect, the memo said.
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- The documents were made public through a request filed
under the Freedom of Information Act by Electronic Privacy Information
Center, a Washington advocacy group. The documents were not included in
an original release but became public after a federal judge ordered the
FBI to reveal more information.
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- "At issue was an investigation in Denver in which
the FBI's bin Laden unit was using the bureau's Carnivore system to conduct
electronic surveillance of a suspect under a Foreign Intelligence Surveillance
Act warrant," the Associated Press reported today.
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- "The memo surfaced as the FBI was addressing concerns
it mishandled aspects of terrorism investigation prior to the Sept. 11
attacks. Those concerns include a warning from its Phoenix office about
Arab pilots training in the United States last July."
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- The Justice Department's Office of Intelligence and Policy
Review was furious after learning the evidence was destroyed, according
to the memo.
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- "To state that she was unhappy at ITOS [International
Terrorism Operations Center] and the UBL [bin Laden] unit is an understatement,"
the memo said, quoting a Justice official.
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- Justice officials worried the destruction of the evidence
would show an "inability on the part of the FBI to manage" the
warrants, which are crucial tools in fighting terrorism.
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- Privacy groups and some congressmen have complained that
Carnivore could collect more data than permitted by a warrant.
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- "Here's confirmation of the fact that not only did
it do that, but it resulted in a loss of legitimately acquired intelligence,"
said David Sobel, general counsel of Electronic Privacy Information Center.
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- FBI officials today would not comment on the Carnivore
memo or the inquiry.
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