By Nathan Freed Wessler, Staff Attorney, ACLU Speech, Privacy & Technology Project at 10:31am
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 see the documents here).
Last month, in response to a Freedom of Information Act request, the ACLU received IRS documents indicating that the agency’s criminal investigative arm doesn’t always get a warrant to read Americans’ emails. Today we are releasing these additional documents from other federal law enforcement agencies, reinforcing the urgent need for Congress to protect our privacy by updating the laws that cover electronic communications.
The FBI and Electronic Communications: Where’s the Warrant?
The documents we received from the FBI don’t flat out tell us whether FBI agents always get warrants, but they strongly suggest that they don’t.
In 2010, the Sixth Circuit Court of Appeals decided in United States v. Warshak that the government must obtain a probable cause warrant before compelling email providers to turn over messages to law enforcement. But that decision only applies in the four states covered by the Sixth Circuit, so we filed our FOIA request to find out whether the FBI
By Gabe Rottman, Legislative Counsel, ACLU Washington Legislative Office at 11:46am
Earlier this week, a Senate Judiciary subcommittee, chaired by Sen. Sheldon Whitehouse (D-R.I.), held a hearing on campaign finance law enforcement. We submitted comments highlighting a few areas of common ground between the ACLU and proponents of campaign finance reform.
By Laura W. Murphy, Director, ACLU Washington Legislative Office & Chris Anders, Senior Legislative Counsel, ACLU Washington Legislative Office at 4:46pm
Just two months ago, when President Obama nominated the architect of his vast killing program, John Brennan, to be CIA Director...
By Matthew Harwood, Media Relations Associate, ACLU at 2:53pm
During his State of the Union Address a few weeks back, President Obama promised:
[I]n the months ahead, I will continue to engage Congress to ensure not only that our targeting, detention and prosecution of terrorists remains consistent with our laws and system of checks and balances, but that our efforts are even more transparent to the American people and to the world.
By Gabe Rottman, Legislative Counsel, ACLU Washington Legislative Office at 6:36pm
Sen. Ron Wyden (D-OR) deserves significant credit for placing a hold today on a draft intelligence spending bill that would place enormous new obstacles in the path of journalists trying to report on government illegality, fraud and waste in the intelligence community. Although it is true that national security sometimes requires secrecy, restrictions on freedom of the press would do little to benefit the national security while significantly insulating government wrongdoing from public scrutiny.
By Chris Soghoian, Principal Technologist and Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 3:05pm
Tomorrow, the Department of Justice will tell a federal appeals court panel in New Orleans that law enforcement agents should be permitted to obtain two month’s worth of historical cell phone location information without a warrant. Several civil liberties groups, including the ACLU, have filed briefs arguing otherwise (you can read our amicus brief here). We believe that cell phone location data, particularly when collected over a lengthy period of time, reveals intimate facts about a person's private life. The appropriate legal standard for such private information should be a probable cause warrant, issued by a judge.
By Naomi Gilens, ACLU Speech, Privacy and Technology Project at 1:32pm
Justice Department documents released today by the ACLU reveal that federal law enforcement agencies are increasingly monitoring Americans’ electronic communications, and doing so without warrants, sufficient oversight, or meaningful accountability.
The documents, handed over by the government only after months of litigation, are the attorney general’s 2010 and 2011 reports on the use of “pen register” and “trap and trace” surveillance powers. The reports show a dramatic increase in the use of these surveillance tools, which are used to gather information about telephone, email, and other Internet communications. The revelations underscore the importance of regulating and overseeing the government’s surveillance power. (Our original Freedom of Information Act request and our legal complaint are online.)
By Zachary Katznelson, Senior Staff Attorney, ACLU National Security Project at 5:33pm
Yesterday, a dark chapter in American history got that much more disgraceful. Attorney General Holder announced the closure of the last two open criminal inquiries into abusive interrogations by CIA officials. The pronouncement means that not a single CIA official will be prosecuted in federal courts for any of the abuse, torture or even death that took place at the hands of CIA officers and contractors.
The Justice Department has finished sweeping the crimes of the Bush administration under the rug. Senior officials developed and implemented an interrogation program that subjected prisoners to abuse that clearly violated the law by any measure. But today, Attorney General Eric Holder announced that the Justice Department will close its investigation into the CIA’s torture and abuse of detainees without bringing charges.
