Over the last decade, the FBI has been found to violate the Constitution countless times under the guise of the Patriot Act, including a 2007 scandal that led FBI head Robert Mueller to publicly apologize for the preponderance of security abuses, misconduct and violation of civil liberties on his watch. We’ve known since its enactment in 2001 that the Patriot Act, with its gross expansion of law enforcement power and murky reporting requirements, was just a rulebook waiting to be spoiled.

First, the numbers: EFF found that, since 9/11, the FBI has been responsible for up to 40,000 violations. Most often, said violations included bucking guidelines for internal oversight, abusing the National Security Letters and trampling on the Fourth Amendment. This, in tandem with the IOB’s weakened capacity for oversight under President George W. Bush, has resulted in nothing short of disaster. In 2008, Bush revoked the IOB’s right to refer violations to the Attorney General, and eliminated the agency’s requirement to report quarterly to the IOB. As EFF found, "The FBI’s disregard for its own internal oversight requirements and the Bureau’s failure to timely report violations to the IOB undermined the safeguards established to protect civil liberties violations from occurring." While the Obama administration restored a few of those changes, it still has not provided the proper transparency needed for a true citizen-protective oversight board or fully disclosed its makeup.

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