Ride the Lightning
Cybersecurity and Future of Law Practice Blog
by Sharon D. Nelson Esq., President of Sensei Enterprises, Inc.
Virginia Lawyer Sues: Did the FBI Tap Into His E-mail?
April 8, 2014
Virginia attorney Kel McClanahan, the executive director of National Security Counselors, has filed suit in federal court in Washington, D.C. asking for records that would help him determine whether the FBI tapped into his e-mail as it investigated how he came to possess classified documents.
According to a news story, McClanahan grew suspicious that the government was monitoring him after his computer and e-mail account developed technical problems concurrent with the FBI questioning him about the classified documents. When his ISP did not respond to his requests for information, he suspected that the FBI had served the company with an order for his records that federal law prohibited it from revealing.
The FBI rejected his requests for documents about the matter, saying that divulging them would interfere with an investigation (why do those words always make me roll my eyes?).
If you read the entire article, it becomes apparent from a review of redacted and unredacted information in one of the documents that the FBI was hiding its own misconduct and possible violations of the law rather than protecting national security information as it had claimed.
Even though McClanahan offered to delete the documents in the presence of FBI officials, the FBI demanded that he turn over his computer. They also asked to search his office for other unspecified classified materials. Ultimately, an FBI agent allowed him to delete the classified material in her office.
Because McClanahan believes that the FBI may have abused its powers, he filed his suit so he could get records indicating precisely what was done. If you read the whole story, you'll get the distinct impression that the FBI is on the wrong side of the case by refusing to lift its skirts. Protecting dirty linen seems like standard issue fare these days. Let's hope the Freedom of Information Act can help Mr. McClanahan get to the truth.
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