WASHINGTON -- The number of Americans being secretly wiretapped
or having their financial and other records reviewed by the
government has continued to increase as officials aggressively
use powers approved after the Sept. 11 attacks. But the number
of terrorism prosecutions ending up in court -- one measure
of the effectiveness of such sleuthing -- has continued to
decline, in some cases precipitously.
The trends, visible in new government data and a private
analysis of Justice Department records, are worrisome to civil
liberties groups and some legal scholars. They say it is further
evidence that the government has compromised the privacy rights
of ordinary citizens without much to show for it.
The emphasis on spy programs also is starting to give pause
to some members of Congress who fear the government is investing
too much in anti-terrorism programs at the expense of traditional
crime-fighting. Other lawmakers are raising questions about
how well the FBI is performing its counter-terrorism mission.
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The Senate Intelligence Committee last week concluded that
the bureau was far behind in making internal changes to keep
the nation safe from terrorist threats. Lawmakers urged that
the FBI set specific benchmarks to measure its progress and
make more regular reports to Congress.
These concerns come as the Bush administration has been seeking
to expand its ability to gather intelligence without prior
court approval. It has asked Congress for amendments to the
1978 Foreign Intelligence Surveillance Act to make it clear
that eavesdropping on foreign telecommunications signals routed
through the U.S. does not require a warrant.
Law enforcement officials say the additional surveillance
powers have been critically important in ways the public does
not always see. Threats can be mitigated, they say, by deporting
suspicious people or letting them know that authorities are
watching them.