U.S.
government reveals breadth of requests for Internet
records
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[December 01, 2015]
By Dustin Volz
WASHINGTON (Reuters) - The Federal Bureau
of Investigation has used a secretive authority to compel Internet and
telecommunications firms to hand over customer data including an
individual’s complete web browsing history and records of all online
purchases, a court filing released Monday shows.
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The documents are believed to be the first time the government has
provided details of its so-called national security letters, which
are used by the FBI to conduct electronic surveillance without the
need for court approval.
The filing made public Monday was the result of an 11-year-old legal
battle waged by Nicholas Merrill, founder of Calyx Internet Access,
a hosted service provider, who refused to comply with a national
security letter (NSL) he received in 2004.
Merrill told Reuters the release was significant “because the public
deserves to know how the government is gathering information without
warrants on Americans who are not even suspected of a crime.”
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National security letters have been available as a law enforcement
tool since the 1970s, but their frequency and breadth expanded
dramatically under the USA Patriot Act, which was passed shortly
after the Sept. 11, 2001 attacks. They are almost always accompanied
by an open-ended gag order barring companies from disclosing the
contents of the demand for customer data.
A federal court ruled earlier this year that the gag on Merrill’s
NSL should be lifted.
Merrill's challenge also disclosed that the FBI may use NSLs to gain
IP addresses on everyone a suspect has corresponded with and
cell-site location information. The FBI said in the court filings it
no longer used NSLs for location information.
The secretive orders have long drawn the ire of tech companies and
privacy advocates, who argue NSLs allow the government to snoop on
user content without appropriate judicial oversight or transparency.
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Last year, the Obama administration announced it would permit
Internet companies to disclose more about the number of NSLs they
receive. But they can still only provide a range such as between 0
and 999 requests, or between 1,000 and 1,999. Twitter has sued in
federal court seeking the ability to publish more details in its
semi-annual transparency reports.
Several thousand NSLs are now issued by the FBI every year, though
the agency says it is unaware of the precise number. At one point
that number eclipsed 50,000 letters annually.
The FBI did not respond to a request for comment Monday.
(Reporting by Dustin Volz; Editing by Christian Plumb)
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