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marmar

(77,053 posts)
Sat May 18, 2013, 09:37 AM May 2013

Is the Government Spying on Reporters More Often Than We Think?


(Mother Jones) The Justice Department's seizure of call logs related to phone lines used by dozens of Associated Press reporters has provoked a flurry of bipartisan criticism, most of which has cast the decision as a disturbing departure from the norm. AP head Gary Pruitt condemned the decision, part of an investigation into leaks of classified information, as a "massive and unprecedented intrusion." Yet there's plenty of circumstantial evidence suggesting the seizure may not be unprecedented—just rarely disclosed.

The Justice Department is supposed to follow special rules when it seeks the phone records of reporters, in recognition that such snooping conflicts with First Amendment values. As Pruitt complained in an angry letter to Attorney General Eric Holder, those logs provided the government a "road map" of the stories his reporters were investigating, and there is evidence that such seizures deter anonymous sources from speaking to the press—whether they’re discussing classified programs or merely facts that embarrass the government.

Federal regulations require that the attorney general personally approve such a move, ensure the request is narrow and necessary, and notify the news organization about the request—in advance whenever possible. In this case, however, the Justice Department seems to have used an indiscriminate vacuum-cleaner approach—seeking information (from phone companies) about a wide range of phone numbers used by AP reporters—and it only notified AP after the fact.

It wouldn't be surprising if there were more cases like this we've never heard about. Here's why: The Justice Department's rules only say the media must be informed about "subpoenas" for "telephone toll records." The FBI's operations guidelines interprets those rules quite literally, making clear the requirement "concerns only grand jury subpoenas." That is, these rules don't apply to National Security Letters, which are secret demands for information used by the FBI that don't require judicial approval. The narrow FBI interpretation also doesn't cover administrative subpoenas, which are issued by federal agencies without prior judicial review. Last year, the FBI issued NSLs for the communications and financial records of more than 6,000 Americans—and the number has been far higher in previous years. The procedures that do apply to those tools have been redacted from publicly available versions of the FBI guidelines. Thus, it's no shocker the AP seizure would seem like an "unprecedented intrusion" if the government doesn't think it has to tell us about the precedents. And there's no telling if the Justice Department rules (and the FBI's interpretation) allow the feds to seize without warning other types of electronic communications records that could reveal a journalist's e-mail, chat, or Web browsing activity. ........................(more)

The complete piece is at: http://www.motherjones.com/politics/2013/05/associated-press-phone-records-spying-journalists



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Is the Government Spying on Reporters More Often Than We Think? (Original Post) marmar May 2013 OP
Obviously elehhhhna May 2013 #1
This is why it's getting to be virtually impossible to LuvNewcastle May 2013 #2

LuvNewcastle

(16,834 posts)
2. This is why it's getting to be virtually impossible to
Sat May 18, 2013, 10:37 AM
May 2013

get any truth from MSM. You have to get your news from the internet, and you have to wade through a lot of sewage to get to the truth. If they ever get a stranglehold over the internet like they have over the MSM, it's all over. I hope the people won't allow that to happen, but judging by their complacency about government overreach thus far, I don't have a lot of faith in the people.

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