Court Grants Feds Warrantless Access to Utility Records

[cleanhippie]

Utilities must hand over customer records — which include credit card numbers, phone numbers and power consumption data — to the authorities without court warrants if drug agents believe they are “relevant” to an investigation, a federal appeals court says.

The Comprehensive Drug Abuse Prevention and Control Act of 1970 allows the authorities to make demands for that data in the form of an administrative subpoena, with no judicial oversight. In this instance, the Drug Enforcement Administration sought the records of three Golden Valley Electric Association customers in Fairbanks, Alaska suspected of growing marijuana indoors.

“The information subpoenaed does not need to be relevant to a crime; in fact, it may be used to dissipate any suspicion of a crime,” Judge William Fletcher wrote for the unanimous, three-judge panel of the 9th U.S. Circuit Court of Appeals. “The information subpoenaed need only be relevant to an agency investigation. Energy consumption records can be relevant to an investigation into a suspected drug crime.”

The decision appears to be an end-run around the Supreme Court’s 2001 ruling requiring the authorities to obtain search warrants to employ thermal-imaging devices to detect indoor marijuana-growing operations. The court ruled that the imaging devices, used outside a house, carry the potential to “shrink the realm of guaranteed privacy.”

In the case decided Tuesday, the utility, with 44,000 meters, objected to the subpoenas. Among other things, it alleged that a probable-cause warrant from a judge was required, and that its privacy policy protected the confidentiality of its customers’ records. It also said the government went too far when requesting credit card numbers and other banking information associated with customer accounts.

The appeals court disagreed with all of the utility’s arguments, saying the case was “easily” decided.

http://www.wired.com/threatlevel/2012/08/customer-utility-records/

[freshwest]

1. My electric company knows exactly how much I use. They taunt me with it every other month.

And demand I pay them hush money, or else they won't let me have any more. Damn them!

[DCKit]

2. Does that include Congressional use of PPV porn?

I think the peoples deserve to know if our (R) Congresscritters are not simply erect, but upstanding.

[cleanhippie]

4. Nah, this only applies to us peons.

As do most other laws.

[freshwest]

5. Snakes in the grass are seldom upright. Not even Reptilicans.

[Nevernose]

3. Growers are already replacing with

Specialized CFLs and other low energy requirements, so all the goverenment is ultimately going to get isn't pot dealers, but yet another chunk of our civil liberties.

And thank god: I'm sure the scourge of marihuana is now eradicated for good!

[Did I Just Type This]

6. wondering if this can be applied to any info requested by any agency in any investigation

seems unreasonable to provide credit card numbers which we are told is confidential. Don't see how someone's credit card number is related to drugs, most people pay cash, or am i wrong (never bought or used drugs personally).

[dixiegrrrrl]

7. "if this can be applied to any info requested by any agency in any investigation"

Yes.
Why not? Banks already report on transactions, not just transaction over a certain amount, but on ANY transactions which seem unusual, under a "know your customer" policy. Look it up on Google..banks and store merchants have been asked by the Feds to report any financial transaction they think may be "unusual".
If utility companies can rat you out, then what is to stop any other service you pay for to do the same.
All the authorities need is an excuse to ask for the information, and a friendly court to back them up.
Right now the War on Drugs and the War on Terror provide tons of excuses for surveillance and snooping.

Right now, thanks to drug laws, you can be arrested for a "suspicion" of a drug crime, your possessions and money seized and even if you are released and charges dropped, the police can and do keep what they seized.
So much for "unreasonable search and seizure", eh?

[TheKentuckian]

8. Sickening. Who the fuck are we supposed to vote for to halt and reverse this kind of shit?

Under the War on Drugs and the War on Terror with corporate capture stoking the fires our government has grown cancerous and pretty much openly mocks the Bill of Rights and pisses and shits on any rights that are not enumerated with relish.