Showing posts with label court order. Show all posts
Showing posts with label court order. Show all posts

Friday, July 13, 2012

AT&T Domestic Cellphone Surveillance

Cellphone carriers filed reports with the U.S. Congress indicating that the telecommunication companies "responded to a startling 1.3 million demands for subscriber information last year from law enforcement agencies seeking text messages, caller locations and other information in the course of investigations. ...AT&T alone now responds to an average of more than 700 requests a day, with about 230 of them regarded as emergencies that do not require the normal court orders and subpoena. That is roughly triple the number it fielded in 2007, the company said," according to The New York Times.

2012-05-29 ATT Response to Rep Ed Markey - Domestic Spying

Read more letters to mobile carriers reagrding use of cell phone tracking by law enforcement on Rep. Ed Markey's website.

Tuesday, January 11, 2011

Secret FBI Subpoenas

The NYTimes doesn't believe that the U.S. Justice Department is conducting an illegal investigation of WikiLeaks. Oh, really ?

Running contrary to the characterisation of Birgitta Jonsdottir, a former WikiLeaks activist who is also a member of Iceland’s Parliament, that U.S. prosecutors were using a court order to collect ''personal information from an elected official without having any case,'' The New York Times has reported that the scope of the court order was not unlawful.

''The news that federal prosecutors have demanded that the microblogging site Twitter provide the account details of people connected to the WikiLeaks case, including its founder, Julian Assange, isn’t noteworthy because the government’s request was unusual or intrusive. It is noteworthy because it became public.''

Let's examine just a couple of aspects of the court order :

(i) ''The order asks for subscriber names, user names, screen names, mailing addresses, residential addresses and connection records along with other information related to the accounts.''

(ii) ''Stating that information held by Twitter was "relevant and material" to the WikiLeaks investigation, the district court ordered the startup to hand over:

  • session times and connection records
  • telephone numbers
  • credit card information
  • e-mail and IP addresses
  • correspondence and notes of record''

What would the U.S. government be gaining from conducting a court-sanctioned surveillance for this kind of social media account information? Not for nothing, by focusing on subscribers and connection records, among other things, the U.S. government is casting a wide, indiscriminate net into cyberspace, and it is hoping to pull in something -- legal or otherwise, relevant or otherwise, applicable or otherwise. There is no focus to the court order ; its only objectives are to spy and to collect surveillance over both foreigners, over which the U.S. may have no jurisdiction, and citizens, who are being denied due process.

On a blog of a WikiLeaks supporter, someone asked, ''Is this not the same type of action that you, DOJ, find reprehensible in other countries?''

(As an aside, I wonder if The Times even appreciates the fact that, after the U.S. government's secret investigation of WikiLeaks has become ''public,'' those being targeted by the court order can now reasonably fight the unreasonableness of the indiscriminate scope of the court order. The owners of the social media accounts, on Twitter, Facebook, and Google, have legal rights, according to the law. How would the owners of the social media accounts know to fight the government's court order, if the government doesn't even serve the court order on the account owners? Look at how wikipedia gives context to due process violation : ''When a government harms a person, without following the exact course of the law, then that is a due process violation which offends the rule of law.'')

Saturday, January 8, 2011

WikiLeaks Twitter Subpoena Denies Subscribers Their Right To Due Process

The First item listed in the secret Order signed by the United States District Court for the Eastern District of Virginia demands that Twitter turn over ''subscriber names'' of the five individuals associated with WikiLeaks.

On Saturday night, the WikiLeaks Twitter feed included this ominous message : ''Too late to unfollow; trick used is to demand the lists, dates and IPs of all who received our twitter messages.''

Not only have U.S. Justice Department prosecutors cast the data mining aspect of their court order on Twitter to include foreigners, but now prosecutors are trying to ensnare mere subscribers (or, in Twitter jargon, ''followers'') of the five individuals associated with WikiLeaks.

Whereas, the three foreigners, who are targets of the prosecutors' surveillance, have the option to object to the court order served on Twitter, the fact that followers have no say in fighting the reasonableness of the U.S. government's court order call into question the true scope of the legal witch hunt.

Since there appears to be a weak legal underpinning to the court orders, then, more and more, the investigations by U.S. prosecutors appear to be mere acts of retaliation against foreign political dissidents and WikiLeaks.

And caught in the middle are the followers on Twitter. If the followers are foreigners, then a U.S. court may have no jurisdiction over the free speech activities of those foreigners. And if the followers are Americans, then the Americans should be given due process, namely, an opportunity to challenge the court order. Except for harassment or retaliation, what is the purpose for the U.S. government to know who are the Twitter followers ? Certainly, there is no legal reasoning for the U.S. government to know who are the Twitter followers.