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The NSA Knows Who You've Called
Jamie adds: Traditionally, the devices which record dialed phone numbers are called pen registers, and trap-and-trace devices. The ECPA provided some legal privacy protection. It was controversial when Section 214 of the Patriot Act amended 50 USC 1842 to allow the FBI to record this information with minimal oversight. The Department of Justice has been required for some time to report to Congress the number of pen registers and trap-and-traces, though in recent years [PDF, see question 10] it declared that information classified.
If anyone has information about how the NSA, as opposed to the FBI, has been involved in domestic phone number collection, please post links in the discussion.
In related news, the National Security Agency has closed down an inquiry into the so-called "Terrorist Surveillance Program," a separate program from this one, by refusing to grant security clearance to the lawyers in the Department of Justice. The NSA and the DoJ are both established under the executive.
Thank goodness the UK isn't planning anything like that.
One (TLA) word for you: GCHQ.
Think NSA without the silly "no-domestic-spying" rule.
Have a nice day.
The right to offend is far more important than the right not to be offended. (Rowan Atkinson)
Article the sixth [Amendment IV]
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Slashdot's rate-of-post filter: Preventing you from posting too many great ideas at once.
On a related spooky note, the department of Immigration and Naturalization already tracks vehicles (via an automated photo matching system) driving both directions at their (highly unconstitutional) "checkpoints". On the way towards the border you drive through an array of cameras over the highway, on the way back you stop at the checkpoint. I'm not talking about crossing the border here...I'm talking about getting within 50 miles of it and getting searched just because you drove to the most southern part of this country.
http://news.yahoo.com/s/ap/domestic_spying;_ylt=Al tzCvZmCXzQ.QsFg5wYT2Os0NUE;_ylu=X3oDMTA2Z2szazkxBH NlYwN0bQ--
By DEVLIN BARRETT, Associated Press Writer Thu May 11, 6:59 AM ET
The government has abruptly ended an inquiry into the warrantless eavesdropping program because the National Security Agency refused to grant Justice Department lawyers the necessary security clearance to probe the matter.
The Justice Department's Office of Professional Responsibility, or OPR, sent a fax to Rep. Maurice Hinchey (news, bio, voting record), D-N.Y., on Wednesday saying they were closing their inquiry because without clearance their lawyers cannot examine Justice lawyers' role in the program.
"We have been unable to make any meaningful progress in our investigation because OPR has been denied security clearances for access to information about the NSA program," OPR counsel H. Marshall Jarrett wrote to Hinchey. Hinchey's office shared the letter with The Associated Press.
Jarrett wrote that beginning in January, his office has made a series of requests for the necessary clearances. Those requests were denied Tuesday.
"Without these clearances, we cannot investigate this matter and therefore have closed our investigation," wrote Jarrett.
Justice Department spokesman Brian Roehrkasse said the terrorist surveillance program "has been subject to extensive oversight both in the executive branch and in Congress from the time of its inception."
Roehrkasse noted the OPR's mission is not to investigate possible wrongdoing in other agencies, but to determine if Justice Department lawyers violated any ethical rules. He declined to comment when asked if the end of the inquiry meant the agency believed its lawyers had handled the wiretapping matter ethically.
Hinchey is one of many House Democrats who have been highly critical of the domestic eavesdropping program first revealed in December. He said lawmakers would push to find out who at the NSA denied the Justice Department lawyers security clearance.
"This administration thinks they can just violate any law they want, and they've created a culture of fear to try to get away with that. It's up to us to stand up to them," said Hinchey.
In February, the OPR announced it would examine the conduct of its own agency's lawyers in the program, though they were not authorized to investigate NSA activities.
Bush's decision to authorize the largest U.S. spy agency to monitor people inside the United States, without warrants, generated a host of questions about the program's legal justification.
The administration has vehemently defended the eavesdropping, saying the NSA's activities were narrowly targeted to intercept international calls and e-mails of Americans and others inside the U.S. with suspected ties to the al-Qaida terror network.
Separately, the Justice Department sought last month to dismiss a federal lawsuit accusing the telephone company AT&T of colluding with the Bush administration's warrantless wiretapping program.
The lawsuit, brought by an Internet privacy group, does not name the government as a defendant, but the Department of Justice has sought to quash the lawsuit, saying it threatens to expose government and military secrets.
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On the Net:
Justice's Office of Professional Responsibility: http://www.usdoj.gov/opr/index.html
National Security Agency: http://www.nsa.gov/home_html.cfm
Quoting USA Today:
So: the NSA asks for a massive database of call records, not limited to a specific group of people, without a warrant. Qwest asks them to please take it to the FISA court. The NSA refuses on the grounds that the FISA court might say no. (Note: the approval rate for FISA requests is signfigantly higher than 99%.)
As I said. The current administration simply does not want to be constrained by the rule of law.