Omaha.com Metro/Region Section: "LINCOLN - Laws allowing the Nebraska State Patrol to gather information on people without a court order give that agency a troubling amount of power, some legal and communication experts say.

The laws came to light in a state attorney general's opinion issued this week.

In that opinion, Attorney General Jon Bruning affirmed the patrol's use of what are called administrative subpoenas to gather customer information from Internet providers, telephone companies and similar businesses.

Administrative subpoenas are issued by state government agencies and do not require approval from a judge or prosecutor. Lieutenants or captains approve subpoenas issued by the State Patrol.

Jim Mowbray, chief counsel for the Nebraska Commission on Public Advocacy, said he agrees with Bruning's interpretation of the law. But he has serious concerns about what the law allows.

'I think when you're basically invading someone's privacy, it has to be on something more than a whim or a fishing expedition,' Mowbray said. 'It basically is just a very broad statute.'

Public Service Commissioner Anne Boyle said the situation could echo national concerns over the National Security Agency's collecting call records from telephone companies without a warrant.

The power to issue administrative subpoenas in criminal cases gives the patrol more leeway than other law enforcement agencies and deserves more scrutiny, Boyle said.

She said the PSC, which oversees the Nebraska telephone industry, will look into the laws. She noted that the Legislature may not have contemplated the outcome when passing the laws.

'It just gives too much leverage in the hands of too many who do not have to explain themselves,' Boyle said. 'When you get to the point where you're invading personal privacy, you need to explain it to a judge.'

Patrol spokeswoman Deb Collins said the patrol regularly uses administrative subpoenas in investigating potential law violations, as do other state agencies.

'This isn't anything groundbreaking or new. This is a clarification,' Collins said. The opinion said 'we have been doing them right and we have the right to do them.'

Patrol officials sought the attorney general's opinion after a company offering telephone and Internet services raised questions about the practice, Collins said."

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