FBI want your records, AT&T and Verizon say, "Sure. All we need is a post-it note."

[Modbert]

FBI Replaced Legal Process with Post-It Notes to Obtain Phone Records | Electronic Frontier Foundation

Today, the DOJ's Office of the Inspector General issued a long awaited report on the FBI's use of 'exigent letters' to obtain phone records. While the report has many interesting and shocking revelations, three issues jumped out at us: Post-it note process; a secret new legal theory; and the need for accountability for the telecoms.

Post-it notes. Seriously.

While we had known since 2007 that the FBI improperly sought phone records by falsely asserting emergency circumstances, the report shows the situation inside the FBI's Communications Analysis Unit (CAU) degenerated even further, sometimes replacing legal process with sticky notes.

Employees of three telecoms worked directly out of the CAU office, right next to their FBI colleagues. According to the report, even exigent letters became too much work: an FBI analyst explained that "it's not practical to give the [exigent letter] for every number that comes in." Instead, the telecoms would provide phone records pursuant to verbal requests and even post-it notes with a phone number stuck on the carrier reps' workstations.

At the time, the Electronic Communications Privacy Act allowed a telecom to provide records based on an actual emergency, where the carrier had a "reasonable belief" that "an emergency involving danger of death or serious physical injury to any person requires disclosure without delay." The bare assertion of exigent circumstances in the FBI's letters is not enough to provide the basis for a reasonable belief, let alone a telephone number on a yellow slip of paper.

In March 2006, the relevant ECPA provision was changed from "reasonable belief" to "good faith belief." It appears that the telecoms were worried that the bare assertions in exigent letters were not enough, because they "expressed concern to [Congress] that the [reasonably believes] standard was too difficult for them to meet." However, even after the change, there is no way the telecoms could have formed a good faith belief, when they were never provided any basis to do so.

The OIG report discusses, in heavily redacted form, discusses a new legal theory that the FBI now asserts allows telecoms to divulge phone records without legal process. Despite the Obama Administration's alleged commitment to openness and transparency, the OIG report redacts the basis for this legal theory, even redacting the statutory section number on which the FBI says it can rely.

However, it is not hard to figure out the telecoms' identities. In sworn testimony to Congress, right after the initial March 2007 OIG report, FBI General Counsel Valerie Caproni testified that the three companies were AT&T, Verizon and MCI. Verizon later acquired MCI. Caproni confirmed that these were the only companies under contract to provide phone record information to the FBI.

We also know that Company A was AT&T. In 2007, Verizon and AT&T wrote to Congress to explain their role in unlawful spying, including exigent letter. Verizon said it did not have 'community of interest' information. The OIG report says that Companies B and C did not have 'community of interest' information, meaning that B and C were Verizon and its subsidiary MCI, and thus Company A is AT&T.

Accountability needed indeed. And the Obama Administration should live up to it's promises of transparency by doing so in this case. However, in the interest of political fairness, this was started under the Bush Administration. So as usual, both parties are to blame for this fuckcluster.

 

[CurveLight]

All major TelCom shitters have been selling our private info for decades so the only reason they would make an issue of it is to increase their percentage. We're such a dumb fuck consumer based culture we don't care unless there is a lawsuit available.

 

[Oddball]

Howz all that hopey-changey workin' for y'all?

 

[Modbert]

Howz all that hopey-changey workin' for y'all?

I knew in this area of issues, Obama was no different than Bush. However, he has been a major disappointment overall.

 

[LibocalypseNow]

Last i checked,the Hopey Changey One has fully supported the Patriot Act. If you have a problem with this why don't you just call the White House and set up an appointment with your Hopey Changey One. Hey good luck with that.

 

[Modbert]

Last i checked,the Hopey Changey One has fully supported the Patriot Act. If you have a problem with this why don't you just call the White House and set up an appointment with your Hopey Changey One. Hey good luck with that.

I know he fully supported the Patriot Act. Do you not read what I say or are you just intentionally tone deaf?

 

[LibocalypseNow]

Call the White House and see if your Hopey Changey One will meet with you. Probably not gonna happen huh?

 

[Modbert]

Call the White House and see if your Hopey Changey One will meet with you. Probably not gonna happen huh?

He has more important and pressing issues at hand I'm sure than to listen to me.

 

[LibocalypseNow]

Wow you do have a pretty low opinion of yourself huh? Come on,buck up and get on the horn. You voted for the man so you do have the right to request a meeting with him no? Are you saying that your Hopey Changey One is above meeting with his constituents? Man,that ain't cool. I think your guy has become a full-fledged Liberal Elitist at this point. Reminds me of Marcia Coakley. Trouble brewing for Hopey Changey? I guess we'll see.

 

[Modbert]

Wow you do have a pretty low opinion of yourself huh? Come on,buck up and get on the horn. You voted for the man so you do have the right to request a meeting with him no? Are you saying that your Hopey Changey One is above meeting with his constituents? Man,that ain't cool. I think your guy has become a full-fledged Liberal Elitist at this point. Reminds me of Marcia Coakley. Trouble brewing for Hopey Changey? I guess we'll see.

I didn't vote for him. And I don't have a low opinion for myself, but solving the nation's issues is more important than listening to one voter such as myself. He'll have plenty of time to listen to the voters come 2012.

And I'm not saying he's above meeting his constituents. You are taking my words out of my mouth and I'm done trying to discuss things with you troll. So fuck off.

 

[SFC Ollie]

I'm sorry, I know you've all heard it a thousand times, and many believe it to be weak or just plain BS. But still, who gives a damn if the NSA or CIA gain access to your phone records? The answer is of course criminals and terrorists. I am neither one, I talk to my youngest son who is a dual citizen of Germany and the USA, he has chosen to stay in Germany. But if they want to listen in they can. We even use certain words on purpose sometimes just to brighten their day. Besides that I gave them permission to tap my phones back in the old days when I had my highly compartmentalized clearance. For those who understand it I held a Top Secret, NATO, CRYPTO, ATOMAL, COSMIC (and a few other acronyms that I forget).

So let em listen, at least it's a job.

 

[CurveLight]

I'm sorry, I know you've all heard it a thousand times, and many believe it to be weak or just plain BS. But still, who gives a damn if the NSA or CIA gain access to your phone records? The answer is of course criminals and terrorists. I am neither one, I talk to my youngest son who is a dual citizen of Germany and the USA, he has chosen to stay in Germany. But if they want to listen in they can. We even use certain words on purpose sometimes just to brighten their day. Besides that I gave them permission to tap my phones back in the old days when I had my highly compartmentalized clearance. For those who understand it I held a Top Secret, NATO, CRYPTO, ATOMAL, COSMIC (and a few other acronyms that I forget).

So let em listen, at least it's a job.

Holy fuck that's a lot of words just to say:

"Look everyone! I had a security clearance!"

 

[Xenophon]

Call the White House and see if your Hopey Changey One will meet with you. Probably not gonna happen huh?

He has more important and pressing issues at hand I'm sure than to listen to me.

Try arresting a black professor, he makes time in that case.

 

[CurveLight]

Call the White House and see if your Hopey Changey One will meet with you. Probably not gonna happen huh?

He has more important and pressing issues at hand I'm sure than to listen to me.

Try arresting a black professor, he makes time in that case.

The worst part is it gave racist cops even more cushion to pull their bullshit. Even when obama makes an unscheduled stop people still get food poisoning.

 

[Darkwind]

I know that Mr. Obama has been a disappointment to you, but you still have to realize that listening in on our enemies really doesn't violate any laws.

And phone records are just a list of numbers. Without names, they really don't mean anything, do they? It is only when those list of numbers actually have some kind of link with another list of numbers do they even begin to take notice.

But maybe you can convince Mr. Obama that looking at lists of numbers is somehow against all the values that the Democrats hold so dear.

 

[CurveLight]

I know that Mr. Obama has been a disappointment to you, but you still have to realize that listening in on our enemies really doesn't violate any laws.

And phone records are just a list of numbers. Without names, they really don't mean anything, do they? It is only when those list of numbers actually have some kind of link with another list of numbers do they even begin to take notice.

But maybe you can convince Mr. Obama that looking at lists of numbers is somehow against all the values that the Democrats hold so dear.

Why stop there? Let's just throw the whole damn Constitution away. They aren't just a list of numbers. They are private conversations that deserve no less respect than two people talking face to face in their own home.

 

[Darkwind]

I know that Mr. Obama has been a disappointment to you, but you still have to realize that listening in on our enemies really doesn't violate any laws.

And phone records are just a list of numbers. Without names, they really don't mean anything, do they? It is only when those list of numbers actually have some kind of link with another list of numbers do they even begin to take notice.

But maybe you can convince Mr. Obama that looking at lists of numbers is somehow against all the values that the Democrats hold so dear.

Why stop there? Let's just throw the whole damn Constitution away. They aren't just a list of numbers. They are private conversations that deserve no less respect than two people talking face to face in their own home.

In fact, they are not. The phone company does not keep records of every conversation held by every American. Do you realize just how huge that database would have to be?

Thinking people realize that the records that the government gets from the phone companies are lists of phone numbers. They compare those numbers against another list of known enemy phone numbers. If a number matches, they then put those two numbers together and then listen.

And before you even start, no wire tap is required to listen to the conversation of our enemies.

 

[CurveLight]

I know that Mr. Obama has been a disappointment to you, but you still have to realize that listening in on our enemies really doesn't violate any laws.

And phone records are just a list of numbers. Without names, they really don't mean anything, do they? It is only when those list of numbers actually have some kind of link with another list of numbers do they even begin to take notice.

But maybe you can convince Mr. Obama that looking at lists of numbers is somehow against all the values that the Democrats hold so dear.

Why stop there? Let's just throw the whole damn Constitution away. They aren't just a list of numbers. They are private conversations that deserve no less respect than two people talking face to face in their own home.

In fact, they are not. The phone company does not keep records of every conversation held by every American. Do you realize just how huge that database would have to be?

Thinking people realize that the records that the government gets from the phone companies are lists of phone numbers. They compare those numbers against another list of known enemy phone numbers. If a number matches, they then put those two numbers together and then listen.

And before you even start, no wire tap is required to listen to the conversation of our enemies.

In fact, they are private conversations. I never said phone companies record all conversations so please avoid assigning claims I have not made. It's a bit strange you claim to know how our government acquires, uses, and distributes information regarding our communications. Is there a link to the NSA or FBI explaining how they do all this and promise full disclosure or are you repeating an Oreilly Oreo? (two cow patties glued by butt pimple puss)

As for not needing a warrant to listen to our "enemies," that too is a curious claim. If we know who these enemies are why are they still free to make phone calls? If they are so easily known why all the hustle over private phone records?

 

[Darkwind]

Why stop there? Let's just throw the whole damn Constitution away. They aren't just a list of numbers. They are private conversations that deserve no less respect than two people talking face to face in their own home.

In fact, they are not. The phone company does not keep records of every conversation held by every American. Do you realize just how huge that database would have to be?

Thinking people realize that the records that the government gets from the phone companies are lists of phone numbers. They compare those numbers against another list of known enemy phone numbers. If a number matches, they then put those two numbers together and then listen.

And before you even start, no wire tap is required to listen to the conversation of our enemies.

In fact, they are private conversations. I never said phone companies record all conversations so please avoid assigning claims I have not made. It's a bit strange you claim to know how our government acquires, uses, and distributes information regarding our communications. Is there a link to the NSA or FBI explaining how they do all this and promise full disclosure or are you repeating an Oreilly Oreo? (two cow patties glued by butt pimple puss)

As for not needing a warrant to listen to our "enemies," that too is a curious claim. If we know who these enemies are why are they still free to make phone calls? If they are so easily known why all the hustle over private phone records?

Are you serious? The government is NOT listening in on every conversation happening in America. For one thing, they don't have the resources. And now that Mr. Obama has bankrupted us, we really don't have the resources.

Have you even bothered with reading the title of this thread? Or the information listed? When the FBI wants your records, they are not getting records of your conversations. That is simply ludicrous. What they are getting is a list of the contacts of the phone numbers you have had contact with over X amount of time. They then compare that with the phone numbers of known enemies to see if there are any matches.

And of course they have lists of most of the people in organizations that are at war with us. Some of the numbers are valid, some no longer so, and some unknown. As for how they get this information you just have to ask yourself. Do you really want the government to expose intelligence resources? I don't.

I find it suspect that the left focuses on questionable Constitutional practices of just one single Administration. The Bush Administration. When all around us we have blatant violations of the Constitution by this and other Presidents of the liberal persuasion.

You probably have spam email and a lot of it, do you not?

 

[Darkwind]

Let Me ask you one last thing.

Do you know what a phone record is?