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Government United States Politics

FBI Kept Demanding Email Records Despite DOJ Saying It Needed a Warrant (theintercept.com) 102

An anonymous reader writes: The secret government requests for customer information Yahoo made public Wednesday reveal that the FBI is still demanding email records from companies without a warrant, despite being told by Justice Department lawyers in 2008 that it doesn't have the lawful authority to do so.

That comes as a particular surprise given that FBI Director James Comey has said that one of his top legislative priorities this year is to get the right to acquire precisely such records with those warrantless secret requests, called national security letters, or NSLs. 'We need it very much,' Comey told Sen. Tom Cotton, R-Ark., during a congressional hearing in February.

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FBI Kept Demanding Email Records Despite DOJ Saying It Needed a Warrant

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  • by Anonymous Coward

    Of course they are ignoring the court.... they feel that they are above the courts.
    And john doe is beneath their boot heels.... whatever they want to do, they will...
    until someone stops them.
    Someone with Moral fiber, Integrity and Honesty.
    Probably not any of the Congress/Senate politicians, probably not the Executive Branch, or the Supreme Court.
    Maybe a Super Hero?
    Maybe.... Ant Man?
    Maybe just Pinky and the Brain....

    But then, it's always been this way.
    Only just recently has the media been actually looking

    • Of course they are ignoring the court....

      Um.. It's not the "courts" they are ignoring, it's the DOJ's lawyers opinion they are ignoring. I know it's a fine line here, but let's be accurate in what we say.

      Seriously though, if somebody is implicated by evidence collected illegally, THEN they have recourse at the criminal trial to have the illegal evidence suppressed along with all the evidence that came from the illegally collected evidence. If the FBI really is out collecting evidence which is not legal, then they are doing stupid stuff and a wh

      • .. It's not the "courts" they are ignoring, it's the DOJ's lawyers opinion they are ignoring

        i.e. other folks in the same administration. Bush and Obama.

      • by sjames ( 1099 )

        Given the history, generally the DOJ is happy with contorting the law into fascinating new shapes to claim something is legal for law enforcement when objective legal scholars say otherwise. So if even the DOJ can't get behind this use of a NSL, that suggests the FBI is way over the line.

        As for criminals walking, I notice that over three years after the lab tech in Massachusetts got caught outright fabricating evidence, only a small percentage have walked. Perhaps the FBI likes their odds.

  • More Proof (Score:5, Insightful)

    by MitchDev ( 2526834 ) on Friday June 03, 2016 @12:41PM (#52243813)

    The FBI is the ENEMY of the American people...

    • Re:More Proof (Score:4, Interesting)

      by bill_mcgonigle ( 4333 ) * on Friday June 03, 2016 @12:48PM (#52243905) Homepage Journal

      The FBI is the ENEMY of the American people...

      The local news here the other day is that they''ve been supporting a local drug dealer, who they know is an illegal immigrant, for years.

    • Re:More Proof (Score:5, Insightful)

      by dmbasso ( 1052166 ) on Friday June 03, 2016 @12:52PM (#52243929)

      The FBI is only one of the cogs. Isn't it troubling when you can read either as ...

      The secret *government requests* for customer information

      or

      The *secret government* requests for customer information

      because the FISA Court allows for exactly that, a secret and unaccountable government. Some day they'll swap "Foreign" for "Federal" in that acronym and nobody will notice any difference.

      • Some day they'll swap "Foreign" for "Federal" in that acronym and nobody will notice any difference.

        It's not just that, since the change will be secretly approved, and will be a matter of national security, nobody will be allowed to talk about the change, or the difference. Unless another traitor spy comes up and tell us what's new in the US government.

    • The FBI is the ENEMY of the American people...

      I dunno....they're pretty good at setting up fake terrorism busts.

  • And hope some idiot somewhere will cave.

  • by H3lldr0p ( 40304 ) on Friday June 03, 2016 @12:42PM (#52243839) Homepage

    Or were these fishing expeditions whose point was to gin up some extra parallel discovery?

    Here's the thing. What I mind about this situation is the opaqueness. The article is very light on details of what the FBI thought it was trying to find or why it was going about it without the warrants. Did the agents involve not get the memo? Did their supervisors not know what the agents were up to? Were the agents told to not do it this was and actively ignoring those orders? That is where my problem with this starts. We don't know those details and as a voter and citizen in order to make a good decision about this, I need to know.

    Instead we'll get another "thin blue line" stall while the "appropriate authorities" investigate. It makes it hard to have faith in the FBI's work when something like this happens. To the rest of us, it looks like it's another CYA situation. Another where no real punishments are handed down and agents are shuffled around like priests to outlying and small churches in order to avoid any further embarrassment. I, for one, don't want "optics" to change my mind, I want to see the evidence. I want to see those in charge engage and manage. And most of all, I want to see heads roll IF AND ONLY IF that is appropriate in the situation.

    But like I said before, I don't know the situation and no one is talking. That is a big problem.

    • by Anonymous Coward

      That is where my problem with this starts.

      Politicians love you. It's wonderful having someone to blame. It's like how the boss is in charge until the minions fuck-up: Then it's not his fault. Hunting for the witch, I mean the criminal, excuses the behaviour of the supervisors and accessories to the crime. Once the witch, um, criminal is found, everyone can say how helpful they were and the problem is fixed. In reality, nobody has changed themselves, or what they do, so the problem remains and repeats.

      Thus everyone, or at least everyone import

  • Weren't we all raised that it was the polite thing to do to ask before you take something? The FBI isn't demanding the emails. They were merely asking if they would be voluntarily be handed over. It's not the FBI's fault that the companies read more into the polite requests than was explicitly stated. /s

    • Vexation (Score:5, Interesting)

      by fibonacci8 ( 260615 ) on Friday June 03, 2016 @01:06PM (#52244051)
      Vexatious litigation is legal action which is brought, regardless of its merits, solely to harass or subdue an adversary. It may take the form of a primary frivolous lawsuit or may be the repetitive, burdensome, and unwarranted filing of meritless motions in a matter which is otherwise a meritorious cause of action. Filing vexatious litigation is considered an abuse of the judicial process and may result in sanctions against the offender.

      Italicized emphasis mine.
      repetitive? check
      burdensome? I'd have to ask Yahoo whether the FBI was going to foot the bill for the time spent gathering the information.
      unwarranted? as suggested by the literal lack of warrant, check
      All that's left is the FBI to try to apply the all writs act and now we've got the litigation portion covered.
      Now you'd have Yahoo required and the FBI expressly forbidden from completing the actions by law. I think this needs to see trial.
  • by Trachman ( 3499895 ) on Friday June 03, 2016 @12:54PM (#52243951) Journal

    Snowden's revelations demonstrated that FBI has access to most of the electronic data without even asking anybody (Prism, Stellar wind, Fussion centes and many others - does that ring a bell?).

    To justify they are "asking" for a warrant. One conclusion appears to be evident: they are drowning in illegally collected data. The right hand does not know what the left hand collected, they don't know if it is legal or not: they do not care. They know that they can always find one justification or another, yet maintaining straight and serious poker face, while stating that liberties and privacy of the citizens are respected.

  • I see stories like this every day, and nothing bad has happened to ME yet!
    I guess it's no big threat. I guess I really don't need to defend myself or my family! Everything is bad, but it's not THAT bad!

    This is seriously what you are supposed to think because of this bombardment of little stories skirting around the real issue:
    The government is the agent of a total surveillance program that is a threat to the very lives of almost every man woman and child on the planet.

  • So what? Who's gonna stop them? The crooked politicians you keep reelecting?

  • by WindBourne ( 631190 ) on Friday June 03, 2016 @01:33PM (#52244289) Journal
    Look, right now, many of these systems run Windows such as Bing. As such, Russia and China have FULL ACCESS to those e-mails. The idea of the US requiring a warrant to see an un-encrypted email, makes little sense. Basically, it puts us back.

    OTOH, if we require a warrant to get the encrypted email, as well as require it of the owner, then it will encourage emailers to encrypt everything. This is the smart thing to do.
    • by Holi ( 250190 )
      I don't know what this means: Look, right now, many of these systems run Windows such as Bing
      The idea of the US requiring a warrant get access to snoop through your inbox (it's not like they are capturing your email as it is traversing the internet) is enshrined in the fucking Constitution (or are digital writings not deserving of the same protections as ones on paper?).

      Almost all emails sent from Gmail at least (probably yahoo and office too) are encrypted: "Gmail supports encryption in transit using
      • You obviously have no clue about the constitution. NO WHERE IN THERE DOES IT SAY THAT THE FEDS CAN NOT TOUCH THE INTERNET. NO WHERE. Why? Because it was written 200 years ago. It is also why our forefathers wrote it loosely to allow for future changes.

        So, does the constitution protect our snail mail as you and others pretend? The answer is NO. What protects are laws that the feds made a century ago: 18 U.S.C. 1703.
        Now, take the example of a phone conversation over a land line. We ARE protected because
  • Do you mean he was LYING ?? TO CONGRESS ?! AGAIN !!!?
    How many times does he get to do this before he wins a prize?
  • "Pass a law that legitimizes what we're doing so we can stop breaking the law!"

    Can we prosecute a few of these scumbags? Just an idea.

Top Ten Things Overheard At The ANSI C Draft Committee Meetings: (1) Gee, I wish we hadn't backed down on 'noalias'.

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