A Senate staffer was tasked two years ago with compiling reports for a subcommittee about the number of times annually the Justice Department employed a covert internet and telephone surveillance method known as pen register and trap-and-trace capturing.
But the records, which the Justice Department is required to forward to Congress annually, were nowhere in sight.
That's because the Justice Department was not following the law and had not provided Congress with the material at least for years 2004 to 2008. On the flip side, Congress was not exercising its watchdog role, thus enabling the Justice Department to skirt any oversight whatsoever on an increasingly used surveillance method that does not require court warrants, according to Justice Department documents obtained via the Freedom of Information Act.
The mishap is just one piece of an ever-growing disconnect between Americans' privacy interests, and a Congress seemingly uncommitted to protecting those interests.
The reports show that, from 2004 to 2008, the number of times this wiretapping method was employed nearly doubled, from 10,885 to 21,152. Judges sign off on these telco orders when the authorities say the information is relevant to an investigation. No probable cause that the target committed a crime — the warrant standard — is necessary.
The Justice Department, beginning in late 2010, has only published the reports from 2004 to 2009, the year it obtained 23,895 judicial orders to conduct such surveillance. It did not immediately comment on whether the 2010 and 2011 reports have been compiled and sent to Congress, or explain why the mishap occurred.
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.
Original Page: http://theintelhub.com/2012/02/13/congress-left-in-dark-on-doj-wiretaps/
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