digital rights, online privacy and the law

I found this pretty interesting, to find out names of sources that a journalist talked to about the government’s secret wiretapping of Americans without court orders, federal investigators are using phone records. So they look to the phone companies for names to find out who talked to the Times about the investigation into how the Feds used the phone companies to spy on its citizens.

In the leak investigation, Justice Department officials are using phone records in an Arlington, Va. federal grand jury proceeding to ferret out James Risen’s sources, according to the New York Times. One presumes the government is using subpoenas or National Security Letters to get Risen or his suspected sources’ phone records, then hauling former government officials in front of the grand jury. But given that this Administration operates on the belief that the Fourth Amendment does not apply during wartime, that the Justice Department is not pursuing criminal charges against officials involved in wiretapping Americans without court approval and that the Administration claims to have King-like powers in the Time of Terror, the presumption that legal process was involved might be quaint.

And so explains my reluctance to even look at an iPhone, considering buying one could lock you in a contract with AT&T until 2010! To learn what that gets you, check the ongoing AT&T coverage at eff.org.

Today we hear that the Justice Department wants to make it easier for the FBI to investigate U.S. citizens and legal residents by not requiring little things like evidence, or even allegations that a law probably has been broken!

The Justice Department is considering letting the FBI investigate Americans without any evidence of wrongdoing, relying instead on a terrorist profile that could single out Muslims, Arabs or other racial and ethnic groups.

Law enforcement officials say the proposed policy would help them do exactly what Congress demanded after the Sept. 11, 2001, attacks: root out terrorists before they strike.

Although President Bush has disavowed targeting suspects based on their race or ethnicity, the new rules would allow the FBI to consider those factors among a number of traits that could trigger a national security investigation.

Now come on, if even Bush is against something like this, it has to be an obvious violation of civil rights to everyone.  The plan is to get this change put in place before the new administration takes over in January, so this requires the canidates to stand up against this now.  I want to see what position each takes, and I want them to discuss it in an open debate, so American’s can better understand how their rights are at stake.

Wiretaps approved by a secret U.S. court overseeing foreign intelligence rose last year, even as Congress was debating a Bush administration request for more authority to fight terrorism.  “The Justice Department said on Wednesday that government applications to the Foreign Intelligence Surveillance Court for wiretap approval rose to 2,371 in 2007, from 2,176 a year earlier. The court’s approval is required to intercept a call involving an American or calls routed through the United States. It was the fifth annual increase in wiretap approvals since the September 11 attacks in 2001 spurred President George W. Bush’s administration to incorporate foreign intelligence wiretaps into its strategy to fight global terrorism. Civil liberties groups and other opponents, angered by a secret warrantless domestic wiretapping program have urged sharp restrictions and oversight of the wiretaps. The latest figures were released as the Justice Department announced it was reorganizing its national security division, which represents the government before the secret court, to cope with the increased workload and staff. The division’s intelligence staff, which has grown to more than 100 lawyers from 20 in 2000, will work in a new office of intelligence, which will be given an expanded role in overseeing foreign wiretapping to ensure it complies with the law.

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