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More Evidence Feds Read Emails Without Warrants

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:

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  • Display: Sort:
    It's even worse than that: (5.00 / 2) (#4)
    by Anne on Wed May 08, 2013 at 11:28:03 AM EST
    From the NYT:

    The Obama administration, resolving years of internal debate, is on the verge of backing a Federal Bureau of Investigation plan for a sweeping overhaul of surveillance laws that would make it easier to wiretap people who communicate using the Internet rather than by traditional phone services, according to officials familiar with the deliberations.

    The F.B.I. director, Robert S. Mueller III, has argued that the bureau's ability to carry out court-approved eavesdropping on suspects is "going dark" as communications technology evolves, and since 2010 has pushed for a legal mandate requiring companies like Facebook and Google to build into their instant-messaging and other such systems a capacity to comply with wiretap orders. That proposal, however, bogged down amid concerns by other agencies, like the Commerce Department, about quashing Silicon Valley innovation.

    From FDL:

    The FBI's solution to its lack of total information awareness is to have every communications company in the world install surveillance software the FBI can access. Not surprisingly the business community was upset - not at the privacy invasion but at the money it would cost to install and maintain these systems. Technology startups would be particularly hard hit by this Orwell Tax by having to take capital out of research and development and put it into designing spyware. A turn key global surveillance system and who turns the key and why will often be secret information.

    Going off the grid looks better and better every day.

    The real thing the FBI is asking for... (none / 0) (#11)
    by redwolf on Wed May 08, 2013 at 11:58:04 AM EST
    is for tech companies to keep a permanent record of everything thing you type, send, or browse.  That way if they ever become interested in investigating you they can then pull up all your records for the past X number of years.  This is a huge burden on most tech companies due to the storage costs alone not to mention it permanently places everyone under surveillance.  Big brother is watching you.

    Parent
    To be fair, your statement (5.00 / 1) (#13)
    by scribe on Wed May 08, 2013 at 02:45:51 PM EST
    But then 'progressive' organizations like the ACLU are very selective in the types of rights they will fight for in the first place. Their position on the 2nd Amendment for instance, was long a total disgrace.

    But then most right wing organizations are the same way.

    isn't really fair.  Activist organizations - whether the ACLU or those on the right - have to satisfy their donor base if they want to continue existing.  Like it or not, a large portion of the ACLU's donor base has some level of antipathy towards guns and will not support an organization that militates for gun rights.  That same donor base is all in favor of bringing First Amendment cases (of all stripes and types), reproductive rights cases, and so on.  It's just the way it is.  Similarly, a large portion of (for example) the NRA's donor base thinks the ACLU is somewhere close to Satan incarnate.

    If one were to take someone from either of those donor bases and parse out their opposition to the position advocated by the opposite side's organization (use the Socratic method!), at some point one will run headlong into a "but, but, but" (or harsher words) signalling the collision with cognitive dissonance.  Angry facial expressions, etc. come along, too.

    Neither sides' supporters - all liberty-loving people - seem to really "get it" - their enemy is not the other side, but rather the government which is exploiting the division among liberty-loving people to steal the liberties from all.  Both sides would do well to cooperate with the other because it's in their interest to do so.

    Of course, telling that to members of those donor bases is a good way to get run out of the chat room, blog, or meeting room.

    Of course, the cases the CLU (or the NRA) choose to pursue have to be run through a bunch of screens to determine whether the case is "winnable", both in court and with the donor base.  The majority of 2nd Amendment cases which have come up have, by and large, been in the very unpalatable context of obviously-guilty criminal defendants trying to reverse their convictions.  Moreover, a lot of those have not been brought in coordination with the NRA - in many instances I suspect the NRA would just as soon the issue not be raised in court because the case is a loser and will set bad precedent.  But, an individual criminal defendant is going to make the appeal he/she wants, regardless of the wishes of an organization.

    I agree with most of your basic points, Scribe (none / 0) (#14)
    by Slayersrezo on Wed May 08, 2013 at 07:23:50 PM EST
    But the ACLU's position on guns went beyond that.

    When you (haven't been there in a matter of 8 years) used to go to their page on the Second Amendment you would basically find them parroting the Brady Center's contention that it was all about a 'militia' and this militia was a national guard. Even as the consensus of legal scholars had changed (arguably, since at least the mid-1980's the legal field had supported at least some form of personal right) and Gura was busy pushing cases through the courts, the ACLU neither joined in nor even changed their official stance on the scope of the right.

    You are right that many (not all) of the gun cases prior to the mid 2000's were losers. But even if one makes the decision that one shouldn't devote the resources or time of one's organization on certain issues, one should -if you claim to care about rights and civil liberties- care about the ancillary effects on other rights from these cases.

    But neither the left or right do this -and so here we are.

    Parent

    What "consensus"? (none / 0) (#15)
    by Yman on Wed May 08, 2013 at 09:13:16 PM EST
    When you (haven't been there in a matter of 8 years) used to go to their page on the Second Amendment you would basically find them parroting the Brady Center's contention that it was all about a 'militia' and this militia was a national guard.  Even as the consensus of legal scholars had changed (arguably, since at least the mid-1980's the legal field had supported at least some form of personal right) and Gura was busy pushing cases through the courts, the ACLU neither joined in nor even changed their official stance on the scope of the right.

    You mean the "consensus" of the 5-4 decision of a conservative Supreme Court?

    Heh.

    Parent

    Obama is President now (none / 0) (#1)
    by TeresaInPa on Wed May 08, 2013 at 11:00:07 AM EST
    so it's all good.

    Will the right take up the outrage lacking on the left?

    It is the progressives who are (none / 0) (#2)
    by Jeralyn on Wed May 08, 2013 at 11:13:53 AM EST
    bringing the issue to light, filing FOIA requests and litigating it in the courts. They are hardly lacking outrage.

    The ECPA was enacted under a Republican in 1986.

    It was the Republicans who prevented the passage of a law amending the ECPA a few weeks ago to require a warrant.

    This is about law enforcement vs. privacy rights.

    Parent

    How to explain the president (5.00 / 3) (#6)
    by Anne on Wed May 08, 2013 at 11:32:11 AM EST
    considering backing the FBI's plan, instead of opposing it?

    Unless we're going to finally admit that Obama is not a progressive; it would be a first step, anyway.

    Parent

    some people on the left (5.00 / 1) (#7)
    by TeresaInPa on Wed May 08, 2013 at 11:43:47 AM EST
    but if Bush were still president there would be mass protests and 100 screaming diaries on dkos.  I guess it is human nature.
    But you are right, I will not hijack this important topic for petty political griping.

    Parent
    so please stay on topic (none / 0) (#3)
    by Jeralyn on Wed May 08, 2013 at 11:15:53 AM EST
    which is whether law enforcement is obtaining e-mails without search warrants.

    Parent
    Electronic snooping is beyond control (none / 0) (#5)
    by Dadler on Wed May 08, 2013 at 11:29:19 AM EST
    Whether government snooping or, more acutely, private snooping.  That is the sad truth. Not that I don't think we should abandon all efforts at curbing government overreach, just musing on the scope of the difficulty of democratic oversight. Technology is just too anarchic by its nature in our world, and that aids the government as much as anyone else.  For example, J, if I wanted to, right now I could activate your cell phone/camera or your laptop/webcam, without them appearing to be operating, and thus listen in AND watch everything you do either with your phone or at your computer, not to mention the obvious  data access. And what I could do sitting in a crowded public space with a tablet and the right software (and some small extra hardware i could hid in a backpack), forget it.

    We have, in functional reality, created a monster largely beyond democratic control. Totalitarian control is another matter. But even that has its obvious limits.

    And I could easilly tap my neighbours phone. (5.00 / 1) (#12)
    by redwolf on Wed May 08, 2013 at 12:00:24 PM EST
    But I don't because not only is that a horrible thing to do to someone else, but it's a crime that could get me a bunch of time in jail.

    Parent
    ACK fixing link (none / 0) (#10)
    by Slayersrezo on Wed May 08, 2013 at 11:54:41 AM EST
    The government wants to keep its stuff secret:

    It likes to use Quantum Cryptography

    but it's fine snooping on even innocuous emails and telephone calls of ours.

    But here's the thing. The technology that is giving the government access to some types of privacy will eventually make its way to the common person by hook or by crook.

    The government doesn't want or like that.
    Look for more and more repressive internet laws in the future. The government (and by government I mean administrations of our Demapublicans and the lifelong national security functionaries that stay in federal service despite changes of administration) does not want John and Jane Doe to be able to encrypt their messages or keep any secrets. The internet is still a threat to them and rather than try to coopt this threat they are going to increasingly criminalize all aspects of it.

    Since, as proven by the past 2 administrations, the government openly violates the Constitution, there is nothing to stop them.

    noted that my link was not properly composed for this site, so fixed it. Jeralyn, please feel free to delete the earlier version of this comment, thanks.

    Site Violator! (none / 0) (#17)
    by Zorba on Thu May 09, 2013 at 05:40:26 AM EST
    Spam.  On a couple of threads.