As we prepare to welcome both the 44th President and a revamped Congress to Washington, it is time to consider what privacy under the new administration will look like. Barack Obama polled strongly on the campaign trail as the candidate most likely to advance individual privacy rights, but are the pollsters a good indicator what privacy will look like under the new administration?    Here are some of our thoughts about what we may see in the next four years.

The Office of the Inspector General (“OIG”) recently issued a 199-page report detailing the FBI’s use, and abuse, of national security letters (“NSLs”) to obtain information in the name of national security. The report cites repeated failures by the FBI to follow even the abbreviated procedures available under the current NSL regime for seeking customer and consumer records from communications providers, financial institutions, and credit agencies. The report reveals that the FBI’s failure both to provide consistent guidance regarding NSLs and adhere to internal oversight procedures has led to problems ranging from minor technical deficiencies in NSLs to the issuance of NSLs without proper authorization.