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Wordie Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-10-06 02:30 PM
Original message
Police blotter: Patriot Act e-mail spying approved
Edited on Fri Feb-10-06 03:25 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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Wordie Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-10-06 02:57 PM
Response to Original message
1. 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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FreedomAngel82 Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-10-06 03:00 PM
Response to Reply #1
2. Everything is so messed up
I was watching a good documentary on 9/11 last night (I believe it was the second edition of "Loose Change") and they were talking about how 9/11 happened so they (neocons etc) could change the laws of the land. :scared: And it's happening.
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Wordie Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-10-06 05:09 PM
Response to Reply #1
13. WARNING! The email site I linked to is now having probs. See post #12! eom
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FogerRox Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-10-06 03:09 PM
Response to Original message
3. K n R
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nashville_brook Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-10-06 03:25 PM
Response to Original message
4. Total Information Awareness
they are datamining and will try to defend that way.
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Gelliebeans Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-10-06 03:36 PM
Response to Original message
5. K&R
I sent this article to everyone I know. It is important to point out to those who believe that if we have nothing to hide then we shouldn't worry. :eyes:

I can't stand that mentality, "if it doesn't affect me why worry". BULLSHIT.

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mom cat Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-10-06 04:03 PM
Response to Reply #5
6. First they came for the ....... but I was not a ..........
My e-mails are none of anybody's business .... and they would be a complete waste of time.
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Gelliebeans Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-10-06 05:49 PM
Response to Reply #6
14. Here here mom cat
my emails are void of juicy details but they are mine and mine alone :blush:
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mom cat Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-10-06 07:00 PM
Response to Reply #14
15. Well they must be of some interest ... you are blushing!
:hug:
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radio4progressives Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-10-06 04:20 PM
Response to Original message
7. k&r
got another thread over at gd politics
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mom cat Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-10-06 04:21 PM
Response to Original message
8. Something seems wrong with the capwiz program. It only sent my message to
Kennedy.
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Wordie Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-10-06 04:28 PM
Response to Reply #8
9. Did you click to check the "ALL RECIPIENTS" checkbox? eom
Edited on Fri Feb-10-06 04:29 PM by Wordie
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mom cat Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-10-06 07:01 PM
Response to Reply #9
16. I think so, but I will check!
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mom cat Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-10-06 07:14 PM
Response to Reply #16
17. I just checked. Kennedy now has three messages. I am going to be on his
spam blocker pretty soon!
I did check off the "all recipients" box for sure this time. Still, only Kennedy.
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Ian David Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-10-06 04:33 PM
Response to Reply #8
11. You have to click "Select individual recipients"..wait, still says Kennedy
Edited on Fri Feb-10-06 04:37 PM by IanDB1
It did the same to me the first time.

I went back and tried again.

.. wait, still says just Kennedy.
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Wordie Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Feb-11-06 12:07 AM
Response to Reply #11
20. It looks as if they've made changes to the site...
maybe we wore out our welcome with all the Alito emails and faxes sent through that site. It used to have a FAX option, too, and now it doesn't. So that's why I posted an alternative site to send emails downthread.
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Ian David Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-10-06 04:33 PM
Response to Original message
10. Done. Oh yeah, I'm gonna get wiretapped now. n/t
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Wordie Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-10-06 04:54 PM
Response to Original message
12. Problems now reported with capwiz email site! Here is alternative
Edited on Fri Feb-10-06 05:01 PM by Wordie
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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autorank Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-10-06 07:14 PM
Response to Original message
18. Brilliant Bush...get the online community of 120,000,000 plus pissed off!
If this gets out we're in great shape. IMHO, a main reason people were so upset about listening to citizen conversations by phone is the content many citizens fear may become available, namely intimate content (if you get my drift). Now they want to spy on the email, chat content. Wow, that sure turns over a lot of rocks for people. This must go everywhere. The outrage will be amazing, stunning. People want their private conversations to remain private. After all, that's why they call them private! Bring it on Bush, you've touched another very raw nerve.

Recommended
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mom cat Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-10-06 07:28 PM
Response to Reply #18
19. Great idea. I just sent it out to my circle!
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