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Government

Surprised? DOJ Supposed to be Reporting Its Wiretapping, but Its Been ‘Lazy’ for 4 Years

Feb. 13, 2012 4:48pm
FOIA Reveals Congress and DOJ Didnt Create Required Wiretapping Reports for Four Years

Department of Justice building in Washington, D.C.

According to Wired’s Threat Level, Congress should annually be compiling reports of the number of times the U.S. Department of Justice (DOJ) allows authorities to sneakily tap into the phone line or Internet of an individual or organization. For at least four years, Congress was lax on this duty and DOJ was not ponying up the information either.

Wired reports that a Freedom of Information Act revealed that from 2004 through 2008 information about when the Federal Bureau of Investigation, the Drug Enforcement Agency, the Marshals Service and the Bureau of Alcohol, Tobacco and Firearms used a pen register or trap-and-trace was not recorded as it should have been. The reports have since been published with Wired pointing out that during that time this type of surveillance, which does not require a warrant, nearly doubled – 10,885 in 2004 to 21,152 in 2008.

Wired has more on the FOIA and thoughts on the reporting, or lack thereof:

Pen registers obtain non-content information of outbound telephone and internet communications, such as phone numbers dialed, and the sender and recipient (and sometimes subject line) of an e-mail message. A trap-and-trace acquires the same information, but for inbound communications to a target.

[...]

Internet security researcher Christopher Soghoian recently obtained e-mails via a two-year FOIA process confirm for the first time that Congress was left out of the loop for at least the years 2004 to 2008. Using FOIA, he and others have crowbarred from the Justice Department the reports from 1999 to 2009.

“This is an important surveillance tool,” Soghoian said in a telephone interview. “In addition to showing that DOJ is lazy and not obeying the law, the most notable thing here is that Congress was asleep at the wheel.”

The handful of government e-mails (.pdf) Soghoian obtained confirm for the first time that Congress was left out of the loop for at least the years 2004 to 2008. A law review article suggests the same for years 1999 through 2003.

In the email exchange that was obtained from the FOIA, it was revealed when a congressional staffer asked for the “last few reports” that they were never actually filed.

(Related: Does 25-year-old legislation adequately protect Internet privacy?)

But Wired and Soghoian seem to think it wouldn’t have made any difference if the reports been filed as they should have been, citing what it considers the “woefully outdated” Electronic Privacy Protection Act as being adequate in the newer digital to protect citizens’ rights. Wired also cites Congress’ easy and willing extension of the Patriot Act.

 

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Comments (70)

1 2
  • DividedWeFail
    Posted on February 13, 2012 at 8:28pm

    PLEASE SIGN THE PETITION TO KEEP FOX Business – FREEDOM WATCH – ON THE AIR (Need 5000 signatures)
    http://www.change.org/petitions/dont-cancel-freedom-watch-on-fox-business-network

    The judge REPORTS every day attacks on our freedoms including guns, free speech, police brutality, police arresting people video taping them, etc.
    .
    Romney’s GOONS are NOT satisfied with trashing Palin or trying to get rid is Allen West by redistricting him or refusing to allow Ron Paul to attend CPAC.

    By the way, Ron Paul and Mitt Romney were 124 votes apart in Maine and Ron Paul was NOT allowed to compete at CPAC. THOSE 2 FACTS WERE NOT REPORTED BY FOX NEWS. They were only reported by Fox Business Freedom Watch.

    BAIN which has huge shares in Fox – CANCELLED Freedom Watch with Judge Napalitano.
    Napalitano has no love for Mitt Romney and its pay back time.

    Plus Fox put Freedom Watch up against Bill O’Reilly. Fox Business should dump Lou Dobbs or move DObbs against Bill O’Reilly.

    Report this comment

    DividedWeFail  
    • WakingSheep
      Posted on February 14, 2012 at 3:23pm

      It’s a shame they will get rid of freedom watch.
      That was the last MSM show I made a point to watch. Guess i’m all in online until they get SOPA2 or PIPA2 passed. Oh how the days ahead for this country keep looking better and better.

      Report this comment

      WakingSheep  
  • abbygirl1994
    Posted on February 13, 2012 at 8:22pm

    C’mon people, what did you expect from this administration..So far, it has screwed up everything it has done.. you can’t expect miracles out of INEPTNESS!

    Report this comment

    abbygirl1994  
    • omgfolks
      Posted on February 13, 2012 at 8:48pm

      It not just the administration, its all of them. They are given a tool to use with requirements and they fail to to the RIGHT THING WITH IT. SO TAKE IT AWAY FROM THE COMPLETELY they have been found unreliable to follow the rules. THIS DOES NOT MAKE AMERICA SAFE. it give to much snooping powers to those who can’t or won’t follow the rules.

      Report this comment

      omgfolks  
    • We are Americans
      Posted on February 13, 2012 at 9:36pm

      This administration was in power from
      2004 to 2008? Read the story, not just
      the headline.

      Report this comment

      We are Americans  
    • WeDontNeedNoSteenkinBadges10
      Posted on February 14, 2012 at 2:15am

      “Surprised? DOJ Supposed to be Reporting Its Wiretapping, but Its Been ‘Lazy’ for 4 Years
      Government … Congress was asleep at the wheel.”

      Asleep? No. Co-conspirators.
      Even Pvt. Rico knows what to do in the face of the enemy:
      http://www.youtube.com/watch?v=1g82I7w3ENU

      Report this comment

      WeDontNeedNoSteenkinBadges10  
    • readytostand
      Posted on February 14, 2012 at 9:50am

      This administration is not inept , other than lacking in Moral character ! There style of running this country is not inept , but rather by design ! They are TREASONIST ! I hope that if we do get a change in POTUS in Nov., that enough people push for prosecution, and incarceration, of these criminals , Obamy ,Holder ,etc !

      Report this comment

      readytostand  
    • TomFerrari
      Posted on February 14, 2012 at 12:09pm

      Lazy? Inept?

      HARDLY !

      I’d say it is far more likely they CONVENIENTLY FORGOT to keep records. That way, you can spy on anyone you want and you have no ACCOUNTABILITY !
      We’ve got the FOX policing the HEN HOUSE.

      Report this comment

      TomFerrari  
  • hempstead1944
    Posted on February 13, 2012 at 7:55pm

    Congress remains asleep…….can’t get out of their own way……one reason Obama walks all over them….and the Constitution…..

    Report this comment

    hempstead1944  
    • Stoic one
      Posted on February 13, 2012 at 8:27pm

      This story is about 2008 and before…..

      I am sure, SURE Mr holder and obama are proceeding with due diligence and respect for our Constitution .
      Neither one of them would be so disrespectful as to expand on the tragic disregard of our Constitutional rights as did the previous administration.

      Report this comment

      Stoic one  
  • mattmo79
    Posted on February 13, 2012 at 7:34pm

    Seriously, Holder and Obummer breaking the law! I’m shocked!

    Report this comment

    mattmo79  
  • AJAYW
    Posted on February 13, 2012 at 7:30pm

    Hell congress gives obama more ammo every day as being useless drags on the tax payers

    Report this comment

    AJAYW  
  • Rickfromillinois
    Posted on February 13, 2012 at 6:54pm

    Why pay any attention to how many wiretaps the DOJ has planted in the last 4 years? It’s not as though it is important or anything. If we can’t trust our government, who can we trust?

    Report this comment

    Rickfromillinois  
    • ESCAPED_FROM_USSR
      Posted on February 13, 2012 at 7:20pm

      What tree have you fallen from?
      Here, this may help (in order):
      1. God and your what your guts tell you.
      2. Your parents.
      3. Wife and family relatives.
      4. Complete stranger.
      5. .gov
      6. A sales person.

      Report this comment

      ESCAPED_FROM_USSR  
  • bhohater
    Posted on February 13, 2012 at 6:46pm

    If you think things can’t get any worse just wait till Obummer’s second term. He’ll pull out all the stops. He is just two liberal supreme court appointments away from having our Constitution declared unconstitutional.

    Report this comment

    bhohater  
    • Roundup_Logan
      Posted on February 13, 2012 at 8:16pm

      You are spot on with this statement. Of all the things that are the scariest, this is the biggest issue at stake. If Obama gets a second term (and from the looks of all the polls if you believe in them he will) then the Supreme Court – the last bastone of or sacred Constitutional Republic will be lost to the loonies on the left. And not just for a single term of a president, but for an entire generation. Obama will overthrow the Supreme Court and finally have total control. Case closed. You might as well get prepared because the gimmies are out there in full force just waiting to elect Obama to another term and there’s little that anyone can do to stop if from happening.

      Report this comment

      Roundup_Logan  
    • We are Americans
      Posted on February 13, 2012 at 9:43pm

      The most amazing thing about this is that
      this article states that the years they are talking
      about were 2004 through 2008. Obama was
      in charge even then. Maybe he’s a vampire and
      has always been in charge. Maybe he and George
      Bush are actually the same person. Maybe
      his father was actually Ronald Reagan. Maybe
      we live in an alternative universe where everything
      is real yet nothing is real. Maybe you SHOULD
      actually read the article before commenting.

      Report this comment

      We are Americans  
    • KangarooJack
      Posted on February 14, 2012 at 12:36am

      THANK YOU for stating something very obvious! A Supreme Court Appointment is nothing to sneeze at. They literally hold the power to change our World.

      Report this comment

      KangarooJack  
  • HKS
    Posted on February 13, 2012 at 6:36pm

    I don’t see them as lazy, they have been to busy stepping on the rights of the states to worry about details. Holder is on a mission from the furor.

    Report this comment

    HKS  
  • JDF10487
    Posted on February 13, 2012 at 6:06pm

    Where i come from people who are too lazy to do their jobs get fired.

    Report this comment

    JDF10487  
  • Midroad
    Posted on February 13, 2012 at 6:05pm

    The buck stops with barry and his political henchmen. Bush did a fraction of such things and the left-wing radicals were screaming bloody murder…. now, cricket cricket.

    Report this comment

    Midroad  
  • Mr.Fitnah
    Posted on February 13, 2012 at 6:04pm

    We are dealing with an enemy agent.
    They have named the US citizens as enemies of the state.

    Report this comment

    Mr.Fitnah  
  • Baddoggy
    Posted on February 13, 2012 at 6:01pm

    Maybe some of them just didnt like the Patriot Act. I hope they are as lazy when they start enforcing NDAA and they are about to round me up and put me in prison….

    Report this comment

    Baddoggy  
  • justangry
    Posted on February 13, 2012 at 5:37pm

    This is some BIPARTISAN crap people.

    Report this comment

    justangry  
    • pavepaws
      Posted on February 13, 2012 at 5:52pm

      This occurred between 2004 and 2008?

      Report this comment

      pavepaws  
    • GodsPlan
      Posted on February 13, 2012 at 5:57pm

      Bipartisan? What does a political affiliation have to do with this. The World’s best investigational systems happen to “forget” to keep records on direct data and voice recording for evaluation purposes by accident. Repubs and Dems did it. It’s because they can, not because of their political side.

      Report this comment

      GodsPlan  
    • RonmeyPaulBotsrOdd
      Posted on February 13, 2012 at 6:06pm

      It is bipartisan…they are in bed together and doing everything to stop the TPE (Tea Party Express) – you know, the ones they keep citing as violent.

      Report this comment

      RonmeyPaulBotsrOdd  
    • justangry
      Posted on February 13, 2012 at 6:10pm

      All I meant is the R’s and D’s both love their warrantless wiretaps and domestic spying. Bipartisan support the Patriot Act was what I was referring to.

      Report this comment

      justangry  
    • Razorhunters
      Posted on February 13, 2012 at 6:48pm

      2 headed snake

      Report this comment

      Razorhunters  
  • OlefromMN
    Posted on February 13, 2012 at 5:33pm

    Before they do finally release the list, we should place over/under bets on how many times our own name’s show up.

    Report this comment

    OlefromMN  
  • freedomnetworker
    Posted on February 13, 2012 at 5:32pm

    I find it funny that Scooter libby went to jail for misspeaking and then correcting himself. And this idiot is getting off scott free

    Report this comment

    freedomnetworker  
  • DD313
    Posted on February 13, 2012 at 5:27pm

    Eric the Placeholder is such an embarrassment that he would have been long gone from most prior administrations. Because he is surrounded by similar jewels of colossal ignorance (remember, he knew nothing about Fast & Furious until after the story broke), he can hunker down and hide his “brilliance” among them. Protective camouflage, as it were.

    Report this comment

    DD313  
  • rationallyurs
    Posted on February 13, 2012 at 5:27pm

    holder commander of hoodrat central

    Report this comment

    rationallyurs  
  • EqualJustice
    Posted on February 13, 2012 at 5:18pm

    NOTHING about this administration “surprises” me.

    Report this comment

    EqualJustice  
    • onthefrontline
      Posted on February 13, 2012 at 6:02pm

      NAAAAAAA !! I’m totally SHOCKED !!!!!*****!!!!!!!!**!!!!!

      Report this comment

      onthefrontline  
    • onthefrontline
      Posted on February 13, 2012 at 6:23pm

      Too Busy giving GUNS to Mexico,…….. Suing Arizona..
      & Georgia for enforcing immigration Laws on the books.
      Suing States requiring ID to VOTE. Lying to Congress..
      Holder is a busy man.

      Report this comment

      onthefrontline  
  • Laus Deo
    Posted on February 13, 2012 at 5:18pm

    As surprised as when I farted and it didn’t smell like cedar… This country and all of the bull*hit over the last 110 years is coming to a head.

    Report this comment

    Laus Deo  
  • EndTheFedNOW
    Posted on February 13, 2012 at 5:15pm

    Oh most of you republicans said this was a great idea. Bush said now the american people have to be wiretaped cause there could be some muslims that wanna kill us good americans. Then Obama said the whole nation is a battle field, americans can be black bagged and taken to a undisclosed locations, and be held with no trial and no jury. And a lot of you dont like that. Would you still not like it if Bush did that? What I think is this has been the plan since before Bush and the goal is to make America a police state, end the bill of rights and crash the american economy. So they can then bring in their NWO. Things are starting to change for the worse. I want all you republicans who love war to really study this.

    http://www.infowars.com/obama-advisors-call-for-global-tax-part-of-un-agenda-for-transfer-of-wealth/

    Gloabl government is the end game.

    Report this comment

    EndTheFedNOW  
  • GodsPlan
    Posted on February 13, 2012 at 5:13pm

    Is it 1984 yet? Who said Big Brother had to tell you that he’s compiled terabits of data on YOU.

    Report this comment

    GodsPlan  
    • bhohater
      Posted on February 13, 2012 at 9:47pm

      What is happening now has been planned by the communists for decades. The John Birch Society tried to warn us about it back in the 60′s but were branded as being a right-wing extremest organization by the liberal media. Too late to worry about it now so we might as well learn to live with it.

      Report this comment

      bhohater  
  • Snowleopard {gallery of cat folks}
    Posted on February 13, 2012 at 5:12pm

    Suprised NOPE; not in the building communist nation of Obamatopia.

    Report this comment

    Snowleopard {gallery of cat folks}  
    • Exrepublisheep
      Posted on February 13, 2012 at 5:19pm

      Bushs’ fault.

      Report this comment

      Exrepublisheep  
    • GodsPlan
      Posted on February 13, 2012 at 6:10pm

      Bush? Who’s that? I keep hearing that name used for over 3 years to be an excuse for ineptitude. Kinda like blaming my third grade teacher for wanting to throw rocks at cars. When is PERSONAL RESPONSIBITY going to become the reason like it always was before our current generation?

      Report this comment

      GodsPlan  
  • teebubba
    Posted on February 13, 2012 at 5:05pm

    As long as Holder is the AG there are no adults working there who demand that the personnel do any work. Most of the assorted appointees are just showing up and collecting their paychecks while playing online games and taking three martini lunches. The rest of the career staff sees this and becomes lackluster because no one really cares.

    Report this comment

    teebubba  
  • cessna152
    Posted on February 13, 2012 at 5:01pm

    Interesting… Walmart asks for references when someone applies for a job and they are racists. My employer wants to make sure I am not doing drugs and he is intolerant. The government makes unconstitutional laws, abuses their power and has the power to throw people in jail and that’s okay…What am I missing?

    Report this comment

    cessna152  
    • I.Gaspar
      Posted on February 13, 2012 at 5:16pm

      You must not be an obamanite. Better get with the program…then you’ll understand what’s good for you. Just trust in your dictator.

      Report this comment

      I.Gaspar  
    • bhohater
      Posted on February 13, 2012 at 6:37pm

      What you’re missing is that we’re living under “Big Brother” government and a police state. Better learn to live with it because it’s not going away.

      Report this comment

      bhohater  
  • Robert-CA
    Posted on February 13, 2012 at 4:55pm

    As long as DOJ is not killing it’s own people no I’m not surprised .

    Report this comment

    Robert-CA  
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