Warrantless Wiretapping

House to Vote on FISA Amendments Act Wednesday

By Michelle Richardson, Legislative Counsel, ACLU Washington Legislative Office at 5:39pm

It’s back. On Wednesday the House of Representatives is scheduled to vote on a five-year reauthorization of the FISA Amendments Act (FAA), the 2008 law that legalized the Bush administration’s warrantless wiretapping program and more. It permits the government to get year-long orders from the secret Foreign Intelligence Surveillance Act (FISA) court to conduct dragnet surveillance of Americans’ international communications—including phone calls, emails, and internet records—for the purpose of collecting foreign intelligence.  The orders need not specify who is going to be spied on or even allege that the targets did anything wrong.  The only guarantees that the FAA gives are that no specific American will be targeted for wiretapping and that some (classified) rules about the use of intercepted information will be followed.

Does the Government Think It Can Read Our Mail Without a Warrant Just Because It’s Electronic?

By Sarah Roberts, Speech, Privacy and Technology Project at 4:39pm

Today the ACLU filed a lawsuit under the Freedom of Information Act to force the government to disclose information about the circumstances in which it accesses the contents of Americans’ private electronic communications without obtaining a warrant based upon probable cause. Such communications can include email, text messaging, and private conversations on social networks. While there is reason to believe this practice is widespread, there is much we don’t know about this government eavesdropping: when it happens, how often it’s done, who they’re watching, how long they monitor these communications, and what policies they have established regarding this monitoring. Through the lawsuit filed today, we hope to find out much more.

Friday Links Roundup For August 24

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 5:36pm

On July 30, the Privacy Commissioner of British Columbia announced a review of license plate scanning programs by law enforcement in the province. If the United States had an analogous institution embodying /enforcing our privacy values, maybe we’d see something like that here instead of untrammeled expansion and retention of license data. We’re still waiting for the “missing in action” Privacy and Civil Liberties Oversight Board (PCLOB) to turn into something real. From 2007 until late 2011, neither President Bush nor President Obama even nominated anyone to fill the independent oversight board; we finally now have four members—but still no chair.

VIDEO: Surveillance, Secrecy, and Government Accountability

By Amanda Corlett, ACLU at 5:31pm
Last month, ACLU Deputy Legal Director Jameel Jaffer participated in a panel convened by Open Society Foundations in New York City entitled National Security Secrecy and Surveillance: Defending the Public’s Right to Know
 
The conversation, which was moderated by secrecy expert Steven Aftergood, a Senior Research Analyst at the Federation of American

Warrantless Wiretapping Wins Again

By Michelle Richardson, Legislative Counsel, ACLU Washington Legislative Office at 12:23pm

It’s official.  The Senate voted 72-23 last week to extend the FISA Amendments Act another five years, which President Obama signed Sunday. Unfortunately, the public discussion of George W. Bush’s warrantless wiretapping program may soon fade back into the shadows.

The heartbreak of another Senate vote in favor of dragnet collection of Americans’ communications, however, pales in comparison to the rejection of modest amendments in favor of more FISA transparency and accountability. These amendments would not have limited the government’s spying program in any way; they would have only compelled the government to tell the public what the law says and whether it protects us from government prying.

Does Using Certain Privacy Tools Expose You to Warrantless NSA Surveillance? ACLU Files FOIA to Find Out

By Chris Soghoian, Principal Technologist and Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 1:04pm

Can using privacy-enhancing tools (such as Tor or a Virtual Private Network) actually expose you to warrantless surveillance by the National Security Agency? This week, the ACLU sent off four FOIA requests to federal agencies in order to try and answer this question.

To understand why we think that may be the case, we have to go back to the passage of the FISA Amendments Act (FAA) in 2008. That act was not a high-point for civil liberties or the rule of law. It included a provision giving immunity to the telecom companies that violated the law by assisting the NSA with its warrantless wiretapping program. Although the get-out-of-jail-free card given to the phone companies is the most well-known aspect to the FAA, there is much more to the law, and many other things that give privacy advocates reason to worry.

Today at the Supreme Court: The Right to Challenge Warrantless Wiretapping

By Mitra Ebadolahi, Legal Fellow, ACLU National Security Project at 6:26pm

The ACLU appeared before the Supreme Court to argue for the right of Americans to challenge a law that instituted a far-reaching and unconstitutional surveillance regime. 

Broad Range of Organizations Support ACLU Challenge to Warrantless Wiretapping at Supreme Court

By Sameera Rahman, ACLU National Security Project at 12:44pm

This week, a wide range of organizations filed friend-of-the-court briefs in support of the ACLU’s clients in our warrantless wiretapping challenge.

VIDEO: NSA Whistleblower Explains How the U.S. Government Is Spying on Every Single Electronic Communication You Have

By Josh Bell, Media Strategist, ACLU at 1:37pm

An amazing video posted on The New York Times website today lays out in chilling detail how the National Security Agency is sucking up every piece of communication data in America – from phone calls to emails to cell phone location – and has the ability to tie together all of the information for a single person (watch it here).

DOJ Ducks Oversight On Location Tracking

By Chris Calabrese, Legislative Counsel, ACLU Washington Legislative Office at 3:17pm

How is the Department of Justice using location tracking? If you were looking for an answer to this simple question, this was not the week. Instead, as Congress attempts to oversee this crucial privacy question, it is getting double talk and stonewalling.

Let’s start with the legal standard the Department is using. Earlier this week Senator Al Franken (D-MN) asked Attorney General Holder to clarify the Department’s position on location tracking. Specifically, he asked why, even though experts agree that the recent Supreme Court case US v. Jones stands for the proposition that law enforcement needs a warrant to place a GPS tracking device on a car, DOJ is arguing in another case for a lower, non-probable cause standard. (In an amicus, the ACLU argued that the Fourth Amendment requires that police obtain a warrant to engage in GPS monitoring.) The Attorney General replied that he wasn’t familiar with the case but agreed with Senator Franken that in interpreting Jones they were “likely to be dealing with a situation where we need a warrant.” This frustrating answer seems aimed at reassuring Congress that Americans’ constitutional rights are being protected while DOJ is arguing precisely the opposite in court.

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