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ACLU Finally Figures Out What Restoring Liberty Has Been Saying for Months: All Emails, Facebook Messages are Under FBI Surveillance

Photo Credit: IBTimesWarrants? We don’t need no stinking warrants.

According to new documents obtained by the American Civil Liberties Union, government officials may not always obtain warrants when they snoop through our emails, Facebook messages, and other electronic communications — and the FBI apparently doesn’t even believe it’s legally required to do so.

The documents, which were obtained through a Freedom of Information Act request and posted on the ACLU website, suggest that the U.S. Department of Justice is flouting a 2010 federal appeals court ruling that declared warrantless access to email a violation of the Fourth Amendment.

That ruling, a criminal appeal of U.S. v. Warshak, stated that the government must obtain a warrant before it can secretly seize and search emails stored by email service providers. As the Electronic Frontier Foundation noted at the time, “the court found that email users have the same reasonable expectation of privacy in their stored email as they do in their phone calls and postal mail.”

However, an FBI “Operations Guide” — made public for the first time by the ACLU — tells a more nuanced story. Revised in June of last year, the guide makes exemptions for email stored by a service provider for more than 180 days. That’s basically any message sitting in your Gmail or Facebook folder for longer than six months. Most email messages are stored on cloud servers, and with virtually unlimited storage space, many email users see no need to delete old messages.

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Retired FBI Counter-Terrorism Agent Confirms NSA Whistle-Blowers: Feds are Recording All Cell Phone Conversations (+videos)

During an interview with CNN this past week, a retired FBI counter-terrorism agent let it slip that the U.S. government is recording all cell phone conversations.

The interview concerned the FBI’s investigation of Tamerlan Tsarnaev’s widow, Katherine Russell, and what, if anything, she knew about the Boston Marathon bombings. The CNN panel speculated on the FBI’s efforts to determine if Russell were a part of the conspiracy.

The CNN host, Erin Burnett, thinking that the feds could gain access to Russell’s old voice mails but couldn’t actually listen to her old phone calls, observed, “there’s no way they actually can find out what happened, right, unless she tells them.”

The former agent, Tim Clemente, disagreed:

No, there is a way. We certainly have ways in national security investigations to find out exactly what was said in that conversation. It’s not necessarily something that the FBI is going to want to present in court, but it may help lead the investigation and/or lead to questioning of her. We certainly can find that out.

Burnett knew immediately that Clemente was referring to Russell’s old phone calls and asked incredulously, ” So they can actually get that? People are saying, look, that is incredible.”

Clemente answered, “No, welcome to America. All of that stuff is being captured as we speak whether we know it or like it or not.”

The former counter-terrorism agent’s revelation is not the first time former federal officials have admitted that Washington is engaged in extensive warrantless surveillance of all US citizens. This past fall, NSA whistle-blower William Binney, a 32-year veteran of the NSA was widely interviewed about his work that allowed federal agencies to conduct near-universal surveillance of digital communications.

In his interviews, Mr. Binney voiced sincere regret for his contribution to this Orwellian eavesdropping program, noting that he intended it for use internationally, not domestically:

Additionally, in a federal court case several weeks ago, the FBI admitted to the use of another warrantless tool that selectively targeted cell phone conversations and revealed the participants’ locations.

And Congress seems to be going right along with it. In March, experts testified before the House arguing that federal law should be changed to explicitly permit the permanent storage of virtually all of Americans’ text messages and emails.

When considering this along with the existing federal ability to track almost all credit card transactions and banking transactions, the aggressive IRS efforts to track everyone’s “digital footprints,” and many other warrantless federal intrusions into our privacy, all liberty-loving Americans should demand that their elected leaders reign in the massive surveillance state.

We have little time to turn this around. The enormous, unlawful power that the central government is accumulating is a real threat to the constitutional freedoms entrusted to us by our Founders.

FBI Wants $41 Million Boost To Cyber Monitoring Capabilities (+video)

Photo Credit: ALAMY

The FBI has requested more than $41 million to improve the bureau’s ability to collect and analyze cyber information and address “critical gaps” in its capability to monitor web activities.

As part of an overall $86 million budget request for a “Next Generation Cyber Initiative,” the FBI wants to hire 36 employees, including 10 agents, to improve its cyber collection and analysis capabilities. The justification for that $41 million request, which includes over $33 million in nonpersonnel spending, was submitted in a classified report to Congress as part of the bureau’s 2014 budget request.

The FBI said it would use the new initiative to “help promote a whole of government approach to cybersecurity, as well as address critical gaps in the FBI’s current ability to investigate computer intrusions and identify, mitigate, and disrupt cyber threat actors.”

The FBI has long had concerns that new technologies are not “wiretap friendly” and create blind spots for law enforcement when targets use certain methods of communication. Last year, the FBI privately pressured Internet companies to create backdoors for government surveillance.

Watch video here:


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Who Authorized FBI Surveillance of Gen. Petraeus?

Even by the standards of the friday afternoon news dump tradition, yesterday’s news that Gen. David Petraeus had resigned from the CIA was a stunner. The most heralded military officer of his generation fell from grace after it was revealed he’d had an affair with his biographer. The affair was discovered earlier this year soon after the FBI began monitoring his email. This raises a very serious question. Who authorized the FBI to monitor the e-mail of the Director of the CIA?

The Director of the CIA is one of the central individuals responsible for America’s national security and intelligence. His communications would, by their very nature, be one of the nation’s closest guarded secrets. According to FBI sources, the Bureau began surveillance of his email communication in the Spring of this year, after an email Petraeus sent to his biographer, Paula Broadwell, was misinterpreted to reference possible corruption.

First question: How did that initial email come to light? Second question: Who authorized the Bureau to pore over all his email communication? We are talking, after all, about the Director of the CIA. That cannot have been a decision made by a junior staffer at DOJ. I doubt that even the Director of the FBI could authorize the surveillance of a critical member of America’s national security team.

Read more from this story HERE.