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How Federal Agencies Share Subpoenaed Information With Each Other
|Last Updated on: 20th September 2023, 11:53 pm
How Federal Agencies Share Subpoenaed Information With Each Other
When federal agencies want to get information from companies or individuals, they often issue subpoenas. But what happens after they get that subpoenaed information? As it turns out, federal agencies have a lot of ways to share that information with each other, even if the subpoena was originally issued by just one agency.
This article will look at the laws and policies around federal information sharing, the ways agencies can access each other’s data, and the debates around balancing privacy and security. There are reasonable arguments on both sides of this issue, and we’ll try to explore the pros and cons of federal information sharing.
The Laws Around Sharing
There are a few key laws that govern how federal agencies can share subpoenaed information:
- The Privacy Act of 1974 – This law establishes guidelines for federal agencies collecting and sharing individuals’ private information. It requires agencies to only collect information that is relevant and necessary.
- E.O. 12333 – This 1981 executive order authorizes intelligence agencies to share information with each other and with law enforcement agencies in certain circumstances.
- The USA Patriot Act – Passed after 9/11, this law expanded ways for intelligence and law enforcement agencies to share information in terrorism and national security investigations.
But even with these laws, agencies have a lot of latitude in what they share and how. Information sharing really comes down to the policies and practices inside each agency.
How Agencies Access Each Other’s Data
There are many ways federal agencies can access subpoenaed information from each other. Here are some of the main methods:
- Information Sharing Environments (ISEs) – These are systems set up for agencies to share terrorism-related information. For example, agencies can access data from the FBI’s Terrorist Screening Center.
- Fusion Centers – These hubs collect data from multiple agencies related to criminal and terrorist threats. There are over 70 regionally-based fusion centers.
- Interagency Agreements – Agencies make formal agreements to share data for specific purposes, like a drug investigation.
- Agency Databases – If granted access, agencies can directly search databases held by other agencies, like fingerprint records.
- Liaison Positions – Agencies station personnel to work directly with other agencies and share information.
In addition, agencies like the NSA can monitor data and communications networks and share out intelligence they collect. Overall, federal agencies have many avenues to access each other’s subpoenaed data.
Debating the Pros and Cons
Supporters argue federal information sharing is crucial for protecting national security and public safety. But critics say it infringes on privacy rights and civil liberties. There are good-faith arguments on both sides.
Potential Benefits
- Help agencies “connect the dots” between pieces of information to detect and prevent terrorist attacks and other crimes.
- Break down barriers between agencies and encourage collaboration.
- Give analysts a more comprehensive view of threats.
- Save resources by reducing duplicative information gathering.
Potential Risks
- Increase improper surveillance of innocent citizens.
- Lead to overclassification of government information.
- Allow irrelevant personal information to spread between agencies.
- Enable fishing expeditions with no clear connection to wrongdoing.
- Lack adequate oversight and accountability.
There are good arguments on both sides. The question is, where to strike the right balance? Additional oversight and accountability measures could help prevent abuses while still enabling effective information sharing.
Recent Controversies
Here are some recent examples of controversies related to federal information sharing:
NSA Surveillance
In 2013, Edward Snowden revealed classified documents showing the NSA had secretly collected phone and internet data from millions of Americans. This led to debates about the scope of government surveillance[1].
FBI Accessing NSA Data
It was revealed in 2016 that the FBI routinely searches NSA databases for information on Americans without a warrant. Civil liberty groups objected to this “backdoor search loophole”[2].
IRS Data Sharing
A Treasury Inspector General report in 2013 found the IRS had improperly shared confidential taxpayer information with other agencies like the FBI and DEA. This data was used for non-tax investigations[3].
The Path Forward
Federal agencies clearly need to share information to some degree. But there are still unresolved questions about the proper scope, oversight, and protections. With advancing technology, these issues will only become more pressing. As citizens, we should pay attention and make sure our privacy and values are protected.
What do you think? Should federal agencies share subpoenaed information more freely to protect security? Or does this infringe too much on individual rights? There are good arguments on both sides, and no easy answers. But having an open, informed debate is crucial.