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Wordie Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-10-06 02:32 PM
Original message
Police blotter: Patriot Act e-mail spying approved
Edited on Fri Feb-10-06 03:23 PM by Wordie
This article reveals a new problem that's just cropped up with the Patriot Act: e-mail monitoring without any evidence of criminal behavior. As part of a still-secret grand jury investigation, the Justice Department has asked a federal magistrate judge to approve monitoring of an unnamed person's e-mail correspondents. There's still time to write your congressional representatives to urge them to make sure these sorts of threats are not included in the final version of the Patriot Act - see the link at the bottom of this post!

Police blotter: Patriot Act e-mail spying approved
By Declan McCullagh, Staff Writer, CNET News.com
Published: February 9, 2006, 5:46 PM PST

Police blotter" is a weekly report on the intersection of technology and the law.

The request had a twist: Instead of asking to eavesdrop on the contents of the e-mail messages, which would require some evidence of wrongdoing, prosecutors instead requested the identities of the correspondents. Also included in the request was header information like date and time and Internet address--but not subject lines.

The federal magistrate judge balked and asked the Justice Department to submit an additional brief to demonstrate that such a request would be legal.

Instead, prosecutors asked Judge Hogan to step in. He reviewed the portion of federal law dealing with "pen register" and "trap and trace" devices--terms originating in the world of telephone wiretapping--and concluded it "unambiguously" authorizes the e-mail surveillance request.

Though the language may be clumsy, Hogan said, the Patriot Act's amendments authorize that type of easily obtainable surveillance of e-mail. All that's required, he said, is that prosecutors claim the surveillance could conceivably be "relevant" to an investigation.


http://news.com.com/Police+blotter+Patriot+Act+e-mail+spying+approved/2100-1030_3-6037598.html

And here's that link I promised. You can write your own email message at this site, and it will go to all the members of the House and Senate Judiciary and Intelligence Committees. VERY IMPORTANT: click the checkbox to send the message to all the recipients. If you want to see all the names, click the link (requires javascript). Do it NOW, while there's still time!
http://capwiz.com/thedeanpeople/mail/?id=313&id=231&id=491&id=614&id=398&id=8525&id=566&id=429&id=261&id=4574&id=134683&id=52&id=186&id=570&id=252&id=665&id=514&id=394&id=132362&id=305&id=639&id=&id=445&id=575&id=614&id=604&id=459&id=141716&id=541&id=590&id=676&id=244&id=40137&id=8585&id=2542&id=134680&id=141935&id=327&id=647&id=607&id=411&id=599&id=452&id=536&id=572&id=658&id=304&id=309&id=182&id=412&id=1974&id=129456&id=4275&id=2449&id=497&id=586&id=248&id=203&id=456&id=269&id=531&id=31770&id=255&id=483&id=592&id=297&id=696&id=628&id=347&id=629&id=402&id=210&id=256&id=586&id=349&id=342&id=365&id=197&id=595&id=623&id=310&id=347&id=488&id=235&id=287&id=629
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Coexist Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-10-06 02:40 PM
Response to Original message
1. Done!
thanks for the article and link.
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Wordie Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-10-06 05:10 PM
Response to Reply #1
8. WARNING! The email site I linked to is now having probs. See post #7! eom
Edited on Fri Feb-10-06 05:17 PM by Wordie
It looks like capwiz has made some changes. The FAX option is no longer available, for instance. And it may be that the site is now restricting the emails to just the writer's own representatives. The Electronic Freedom Foundation also has an email site, again for emailing only one's own representatives, not the whole list. Please take a look at post #7 for more info.
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mom cat Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-10-06 02:48 PM
Response to Original message
2. This is truly frightening. Nearly every day there is more info about our
declining freedoms!
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Wordie Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-10-06 02:54 PM
Response to Reply #2
3. For good ammo for an email, see snowbird42's post on Feingold objections:
http://www.democraticunderground.com/discuss/duboard.php?az=show_topic&forum=132&topic_id=2450504

To cut to the chase, here's Feingold's fact sheet the provisions remaining in the Patriot Act which need to be removed before passage:
http://feingold.senate.gov/~feingold/releases/06/02/20060210.html
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mom cat Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-10-06 05:52 PM
Response to Reply #3
9. Thanks for the fact sheet!
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fooj Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-10-06 03:04 PM
Response to Original message
4. Let's get these rat bastards to represent US for a change, eh?
Peace.
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emlev Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-10-06 03:27 PM
Response to Original message
5. K&R
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mod mom Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-10-06 04:14 PM
Response to Reply #5
6. Hey emlev, are you having 10-12 hour delays in email post on your election
reform list servs. Guess the SOS from AZ must be correct : those who want transparent and verifiable elections are anarchists. Fair elections are sooo-oooo batmoon crazy, aren't they?
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Wordie Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-10-06 04:58 PM
Response to Original message
7. Problems now reported with capwiz email site! Here is an alternative
site where you can email your own representatives:
Electronic Freedom Foundation:
https://secure.eff.org/site/Advocacy?JServSessionIdr008=vcib1dvdu1.app2a&cmd=display&page=UserAction&id=200

And the Electronic Privacy Information Center has a lot of further info, here:
Court Orders FBI to Release PATRIOT Act Information. A federal judge has ordered (pdf) the FBI to publicly release or account for thousands of pages of information about the government's use of PATRIOT Act powers. EPIC filed a Freedom of Information Act request (pdf) for the documents nearly eight months ago, just as Congress announced it would hold hearings on sunsetting PATRIOT Act powers. The hearings ended in June, and Congress is expected to vote on a finalized PATRIOT renewal bill within days. According to Judge Gladys Kessler, "the record shows that efforts have been unnecessarily slow and inefficient." For more information, see the EPIC PATRIOT Act FOIA Litigation Page. (Nov. 17, 2005)

Lawyers Call for Patriot Act Oversight. A letter (pdf) from the President of the American Bar Association to Members of Congress considering Patriot Act renewal states that the ABA is "concerned that there is inadequate Congressional oversight of government investigations undertaken pursuant to the Foreign Intelligence Surveillance Act to ensure that such investigations do not violate the First, Fourth, and Fifth Amendments to the Constitution." See ABA Resolution on FISA and EPIC's FISA page for more information. (Nov. 10, 2005)

EPIC FOIA Documents Show Possible Patriot Act Abuses. Documents (pdf, 3.1 mb) obtained by EPIC under the Freedom of Information Act describe thirteen cases of possible FBI misconduct in intelligence investigations. The documents were released by the Bureau in response to an EPIC open government request (pdf) for information about the FBI's use of provisions of the PATRIOT Act. EPIC has written a letter (pdf) to the Senate Judiciary Committee highlighting the need for the Attorney General to report to Congress on potentially unlawful intelligence investigations. For more information, see EPIC's PATRIOT FOIA Litigation page. (Oct. 24, 2005)

Senate Committee Fails to Approve Expanded FBI Authority. In a closed meeting yesterday, the Senate Select Committee on Intelligence did not reach consensus on legislation that would reauthorize sunsetting provisions of the USA PATRIOT Act and increase the FBI's investigative powers. EPIC had urged the committee in a statement to carefully consider each sunsetting provision of the USA PATRIOT Act before voting to reauthorize, and not to expand the FBI's investigative powers unless the agency can show a need for more authority. EPIC also joined more than twenty organizations opposing an expansion of FBI authority to allow the law enforcement agency to demand records in national security investigations with no judicial approval. For more information, see EPIC's USA PATRIOT Act page. (May 27, 2005)

http://www.epic.org/privacy/terrorism/usapatriot/

And that site has LOTS more info and links on the Patriot Act.

My apologies for any problems people may have had with the capwiz link. It worked fine when used for the anti-Alito fight. I am not certain what the problem is with capwiz, but hope that the second and alternative site I've offered here will help.
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mom cat Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-10-06 05:56 PM
Response to Reply #7
10. I will try it! ... Thanks wordie. You are so resourceful!
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