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I mean, I knew that there was mass surveillance occurring, but to this extent... perhaps I needed a refresher on just how much warrantless data is being collect
by gzer0 4y ago
I mean, I knew that there was mass surveillance occurring, but to this extent... perhaps I needed a refresher on just how much warrantless data is being collected on the citizens of the United States.
The DEA has warrantless access to with no judicial oversight under "administrative subpoenas" originated by the DEA. The DEA pays AT&T to maintain employees throughout the country devoted to investigating call records through this database for the DEA. The database grows by 4 billion records per day, and presumably covers all traffic that crosses AT&T's network. Internal directives instructed participants never to reveal the project publicly.
Information that is legally collectible according to 2014 pen trap laws includes:
Phone
* Dialed numbers
* Received call numbers
* The time the call was made
* Whether the call was answered, or went to voice-mail
* The length of each call
* Content of SMS text messages
* The real-time location of a cell phone to within a few meters
Email
* All email header information other than the subject line
* The email addresses of the people to whom an email was sent
* The email addresses of people whom received the email
* The time each email is sent or received
* The size of each email that is sent or received
Internet
* IP address, port, and protocol used
* The IP address of other computers on the Internet that information was exchanged with
* Time-stamp and size information of Internet access
* Protocol traffic analysis to obtain URL web addresses surfed on the web, emails posted or read, instant messages exchanged, and information posted onto message boards
The last one is particularly damning. Interesting that no warrant is needed for any of this.
[1] https://www.nytimes.com/2013/09/02/us/drug-agents-use-vast-phone-trove-eclipsing-nsas.html?hp&_r=0&pagewanted=all https://www.nytimes.com/2013/09/02/us/drug-agents-use-vast-p...
[2] https://archive.nytimes.com/www.nytimes.com/interactive/2013/09/02/us/hemisphere-project.html#p19 https://archive.nytimes.com/www.nytimes.com/interactive/2013...
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Crucially, they said, the phone data is stored by AT&T, and not by the government as in the N.S.A. program. It is queried for phone numbers of interest mainly using what are called “administrative subpoenas,” those issued not by a grand jury or a judge but by a federal agency, in this case the D.E.A.
Administrative subpoena authorities allow executive branch agencies to issue a compulsory request for documents or testimony without prior approval from a grand jury, court, or other judicial entity.
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Planting AT&T employees and deeply embedding them within the government like that, utilizing "administrative subpoena's" that require no grand jury OR judge (just the DEA themselves) is, in my personal opinion, a breach of my 4th amendment right.
- RhodesianHunter 4y agoWhat makes you assume no warrant in this case?
- sho_hn 4y agoThe Wikipedia page on "Pen register" suggests you don't need a warrant.
- cldellow 4y agoThe Wikipedia page talks about the history of pen registers over the last 100 years. It's a lengthy, complicated page, and I'm not a lawyer... but I think the relevant section that describes their current use is this one, which suggests to me that you do need a warrant: > For law enforcement agencies to get a pen register approved for surveillance, they must get a court order from a judge. According to 18 U.S.C. § 3123(a)(1), the "court shall enter an ex parte order authorizing the installation and use of a pen register or trap and trace device anywhere within the United States, if the court finds that the attorney for the Government has certified to the court that the information likely to be obtained by such installation and use is relevant to an ongoing criminal investigation".
- sho_hn 4y agoAs I understood it, a court order is not a warrant. A warrant requires probable cause, a court order does not? I may be wrong.
- deleted 4y ago[deleted]
- munk-a 4y agoWhile I agree this level of surveillance is worrying since it's probably also being applied to normal people.... SBF has been charged and has been awaiting trial domestically since Dec 30, 2022. They are, from a spectator[1] point of view, quite clearly guilty of a lot of shady stuff and it would honestly be pretty bonkers if they had access to private communication for non-privileged conversations at this point. 1. Edited as per comment below.