The ACLU reports that the IRS claims in an internal document that it has the authority to access citizens' online communications without a warrant. The IRS claimed in a 2009 document that "the Fourth Amendment does not protect communications held in electronic storage, such as email messages stored on a server, because internet users do not have a reasonable expectation of privacy in such communications." It still retains that position even after the 2010 case of US v Warshak which determined that citizens have a reasonable expectation of privacy in such communications. [more inside]
The Justice Department, after a legal battle with the ACLU to avoid having to admit it, recently released documents showing that the federal government’s use of warrantless “pen register” and “tap and trace” surveillance has multiplied over the past decade. But the Justice Department is small potatoes. Every day, the NSA intercepts and stores 1.7 billion emails, phone calls, texts, and other electronic communications. [more inside]
FBI General Counsel reveals that around 3,000 warrantless GPS trackers were removed after the ruling in U.S v. Jones clarified their illegality (judgement PDF) (previous FPP). The ruling that a mosaic of surveillance technologies may form an issue when considered individually and the FBI's view of likely future judgements on the matter is particularly interesting in the light of the forthcoming cert/standing findings regarding warrantless eavesdropping.
American law enforcement demands for Google users’ personal information surged by 29 percent during the past six months according to Google's transparency report. [more inside]
USA PATRIOT is up for renewal again. Tim Nichols of the Independent Examiner reports that "nobody notices" as Mike Rogers (R-MI) floats the renewal. As we noted last year during another quiet renewal, this is not the first time the Obama administration has been confronted with the idea. While groups as disparate as the Cato Institute and the Randolph Bourne Institute's antiwar.com speak out against the possibility, mainstream media sources seem uninterested.
Wired: Obama Sides With Bush in Spy Case. "The Obama administration fell in line with the Bush administration Thursday when it urged a federal judge to set aside a ruling in a closely watched spy case weighing whether a U.S. president may bypass Congress and establish a program of eavesdropping on Americans without warrants."
What's the Big Secret? Four surveillance experts try to figure out what the NSA's superclassified wiretapping program really is (hint: it may have something to do with the filters). They don't seem to realize that this kind of reckless public discussion means some Americans are going to die. [Via Threat Level.]
You had to live -- did live, from the habit that became instinct and the assumption that every sound you made was overheard.
For Your Eyes Only? Allegations that the government is reading your e-mails, with the help of AT&T. The latest episode of NOW did a good piece on the NSA's domestic surveillance program (previously discussed here.) It can be viewed on their website. Meanwhile, Canadian human rights attorney Maureen Webb has written a new book on the scope of government surveillance, and found that the use of sophisticated methods to search for terrorists is not identifying the right suspects.
"Don't worry Mr. President, we have Kansas surrounded." Warrantless searches: they're not just for wiretaps anymore. U.S. News and World Report probes the Bush administration's covert drive to conduct physical searches of American homes without court approval.
Lawyers Group Says Bush Exceeds His Powers [found at Linkfilter] The American Bar Association denounced President Bush's warrantless domestic surveillance program Monday, accusing him of exceeding his powers under the Constitution.