Warrantless
surveillance of telephone calls, text messages and emails has shot up
dramatically in recent years, according to Justice Department documents released
by the American Civil Liberties Union on Thursday.
The ACLU
obtained the reports through a Freedom of Information Act
request.
The documents show that real-time monitoring of electronic communications jumped 60 percent from 2009 to 2011. The Hill
The documents,
handed over by the government only after months of litigation, are the attorney
general’s 2010 and 2011 reports on the use of “pen register” and “trap and
trace” surveillance powers. ACLU Pen register and
trap and trace devices are powerfully invasive surveillance tools that were,
twenty years ago, physical devices that attached to telephone lines in order to
covertly record the incoming and outgoing numbers dialed. Today, no special
equipment is required to record this information, as interception capabilities
are built into phone companies’ call-routing hardware. ACLU The reports show
a dramatic increase in the use of these surveillance tools, which are used to
gather information about telephone, email, and other Internet communications.
ACLU The Justice
Department said it used “pen register” and “trap and trace” techniques 23,535
times in 2009 and 37,616 times in 2011. The Hill The ACLU said
the documents show that more people were subjected to pen register and
trap-and-trace surveillance in the past two years than in the entire previous
decade. The Hill "It shouldn’t
take a FOIA lawsuit by the ACLU to force the disclosure of these valuable
reports. There is nothing stopping Congress from releasing these reports, and
doing so routinely," wrote Naomi Gilens of the ACLU's Speech, Privacy and
Technology Project. The Hill She noted that
the reports only cover the Justice Department, and not other federal agencies or
local police. The Hill "As a result,
the reports likely reveal only a small portion of the use of this surveillance
power," she wrote. The Hill
Former President
George W. Bush signed a presidential order in 2002 allowing the National
Security Agency (NSA) to monitor without a warrant the international (and
sometimes domestic) telephone calls and e-mail messages of hundreds or thousands
of citizens and legal residents inside the United States. The program
eventually came to include some purely internal controls -- but no requirement
that warrants be obtained from the Foreign Intelligence Surveillance Court as
the 4th Amendment to the Constitution and the foreign intelligence surveillance
laws require. In other words,
no independent review or judicial oversight. ACLU Two American
senators with access to top-secret intelligence raised the alarm in May 2011,
suggesting that the invasion of law-abiding Americans' privacy was being carried
out clandestinely - and that people would be shocked if they knew the
extent. “I want to
deliver a warning this afternoon,” Senator Ron Wyden said on May during a Senate
debate. “When the American people find out how their government has secretly
interpreted the Patriot Act, they will be stunned and they will be angry.”
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