The FBI acknowledged late Monday that it is increasingly seeking reporters' phone records in leak investigations.
"It used to be very hard and complicated to do this, but it no longer is in the Bush administration," said a senior federal official.
The acknowledgement followed our blotter item that ABC News reporters had been warned by a federal source that the government knew who we were calling.
The official said our blotter item was wrong to suggest that ABC News phone calls were being "tracked."
"Think of it more as backtracking," said a senior federal official.
But FBI officials did not deny that phone records of ABC News, the New York Times and the Washington Post had been sought as part of a investigation of leaks at the CIA.
In a statement, the FBI press office said its leak investigations begin with the examination of government phone records.
"The FBI will take logical investigative steps to determine if a criminal act was committed by a government employee by the unauthorized release of classified information," the statement said.
Officials say that means that phone records of reporters will be sought if government records are not sufficient.
Officials say the FBI makes extensive use of a new provision of the Patriot Act which allows agents to seek information with what are called National Security Letters (NSL).
The NSLs are a version of an administrative subpoena and are not signed by a judge. Under the law, a phone company receiving a NSL for phone records must provide them and may not divulge to the customer that the records have been given to the government.
UPDATE: Here's an excerpt from a Salon interview with historian Matthew Aid (via Daily Kos):
We should be terrified that Congress has not been doing its job and because all of the checks and balances put in place to prevent this have been deliberately obviated. In order to get this done, the NSA and White House went around all of the checks and balances. I'm convinced that 20 years from now we, as historians, will be looking back at this as one of the darkest eras in American history. And we're just beginning to sort of peel back the first layers of the onion. We're hoping against hope that it's not as bad as I suspect it will be, but reality sets in every time a new article is published and the first thing the Bush administration tries to do is quash the story. It's like the lawsuit brought by EFF [Electronic Frontier Foundation] against AT&T -- the government's first reaction was to try to quash the lawsuit. That ought to be a warning sign that they're on to something.
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