The ACLU has received a new batch of documents from the Justice Department, FBI and Executive Office of the US Attorney in response to FOIA requests.

New documents from the FBI and U.S. Attorneys’ offices paint a troubling picture of the government’s email surveillance practices. Not only does the FBI claim it can read emails and other electronic communications without a warrant—even after a federal appeals court ruled that doing so violates the Fourth Amendment—but the documents strongly suggest that different U.S. Attorneys’ offices around the country are applying conflicting standards to access communications content

You can access the documents at these links:

• 5/8/13 - Documents released by FBI
  
• 5/8/13 - Documents released by EOUSA
  
• 5/8/13 - Documents released by DOJ Criminal Division

Released Last month:

• 4/10/13 – Documents released by IRS
  

ABC reports the parents of Tamerlan Tsarnaev are now considering cremation since Russia is unlikely to accept his body:

[T]he family of Tamarlen Tsarnaev is now considering cremating the body and trying to transport the ashes back to Russia, then burying them. Although cremation is against Islamic law, the parents see it as the only way of burying their son's remains, according to Heda Saratova, a local human rights activist and spokeswoman for the family.

But Russia might not accept the ashes. There are companies in Boston that will do burials at sea -- both of bodies and cremated remains. I wonder if they have called New England Burials at Sea.

Worcester Police Chief Gary J. Gemme held a press conference this morning outside the funeral home that is holding Tamerlan Tsarnaev's body.

Police Chief Gary J. Gemme pleaded today for anyone with authority to provide a burial site for suspected Boston Marathon bomber Tamerlan Tsarnaev.

Gemme said Russia is not an option and there are no viable other prospects. Federal and state officials have not been responsive.

The city is spending $10,000. a day for security around the funeral home.

Whose fault is it that Worchester has to spend $10k a day guarding the funeral home? It's not the funeral director's fault. It's not Tamerlan Tsarnaev's fault. The need for security is due to the protesters. No sympathy here.

Azamat Tazhayakov, one of the two students from Kazakhstan charged with obstruction of justice for removing Dzhokhar Tsarnaev's backpack and laptop from his dorm room, has a new lawyer. He is Arkady Bukh from New York. Bukh is reaching out to the media on Twitter offering his commentary (here to Dr. Phil) and exclusive tips on the case. His offer to CNN is here.

Azamat's father, Amir Ismagulov, a wealthy businessman from Kazakhstan is also now in Boston, embarking on a media tour to clear his son. Yesterday, he was filmed paying his respects at the memorial to the victims. He said his son wanted him to go. [More...]

On its 6th try, a bill to outlaw driving while stoned has passed the House and Senate in Colorado. The limit for marijuana: 5 nanograms of THC per milliliter of blood.

But, the bill is the weakest version yet. Instead of 5 nanograms being per se against the law, or even a rebuttable presumption, it's now just a "permissible inference." Blood tests can be refused, although a refusal will result in revocation of driving privileges.

Governor John Hickenlooper is expected to sign the bill into law. The bill is H.R. 1325. Here is the text of the final version.

Two remaining bills are up for final passage tomorrow, the last day of the legislative session. HB 1317 will regulate retail sales of marijuana for recreational use. HB 1318 imposes taxes on marijuana.[More...]

The Department of Justice's latest report on gun violence by the Bureau of Justice Statistics shows a 39% drop in gun murders from 1993 to 2011. Non-fatal gun crimes are down 69%.

In 2011, homicides made up about 2% of all firearm-related crimes. During the same period, gun sales increased. Also, 60% of state inmates charged with gun crimes obtained their guns legally. Only 2% got their guns at a gun show:

60 percent of state prison inmates arrested for a gun-related crime obtained their guns legally: 37 percent from family or friends, 10 percent from a retail or pawn shop and just 2 percent from a gun show or flea market.

The full report is here.

Lawyers for Aurora theater shooting defendant James Holmes notified the Court today Holmes wants to change his plea from Not Guilty to not guilty by reason of insanity.

On March 12, the date set for arraignment, Holmes' lawyers refused to enter a plea for him, so the Judge entered a plea of Not Guilty over their objections.

In an order today, the Judge indicates it's not for certain he'll allow the change of plea. The statute says an insanity plea must be raised at the arraignment. However, it also says that for good cause shown, an insanity plea can be entered at any time prior to trial. [More...]

Long day, spent entirely with sprinkler and air conditioning people. One pipe had a pin leak, the AC unit was really dirty. But what a difference.

[More...]

Time for an open thread for those who are interested in topics other than the Boston bombing.

All topics welcome.

Cindy Cohn and Trevor Timm have an excellent article at Electronic Frontier Foundation explaining why more government surveillance is not the appropriate response to the Boston bombings or terrorism.

The capture of the Boston suspect was made possible by old-fashioned police work and the willingness of the public to help in such a trying time. Technology surely assisted in this effort, but it’s important to note where it was and was not helpful, and to ensure that we don’t let the few dramatic situations lead us to downgrade our own privacy in everyday law enforcement situations.

Also, see Bruce Schneier in The Atlantic, who wrote after the bombing:

“When we react from fear, when we change our laws and policies to make our country less open, the terrorists succeed, even if their attacks fail.”

Update: A Denver mosque has offered to bury Tamerlan Tsarnaev.

Update: He's not coming to Colorado. According to the Colorado Muslim Society, the man who made the offer doesn't speak for them. They issued this statement:

"It has recently been reported that the Colorado Muslim Society has offered to provide burial services for Tamerlan Tsarnaev, one of the individuals who perpetrated the grave and destructive bombings at the 2013 Boston Marathon. This report is absolutely untrue. The individual who has reportedly made this offer does not speak on behalf of the Colorado Muslim Society.

George Zimmerman's lawyers have filed a motion seeking a Frye hearing to determine the admissibility of the testimony of any voice experts the state may want to call at his trial on the issue of who was screaming in the background of Witness 11's 911 call to police. The motion is here.

The Martin family thinks it was Trayvon screaming. Zimmerman's family is equally insistent it was George. FBI experts stated no conclusion could be reached due to the quality and nature of the recording.

The Orlando Sentinel retained two experts who used different methods. Tom Owen concluded it was not George but having never heard Trayvon's voice, he couldn't conclude it was Trayvon. He used a new biometric program he developed. The other expert used a different technique and concluded a young male was screaming. (He had never heard Trayvon's voice either.)

I discussed the reliability of voice biometrics here. [More...]