FBI Spies on You and I and Our Email

Justice Department Report Finds FBI
Spied on American Protestors

Earlier this week, we learned that yet another Department of Justice
(DOJ) Inspector General (IG) report has found malfeasance in the FBI.
This time, the IG found the bureau spying on American citizens engaged in
protests and other activities protected by the First Amendment. These \
investigations have led to several activists being inappropriately placed
on terrorist watchlists.

The IG's investigation was prompted by an ACLU Freedom of Information Act
(FOIA) request, which uncovered evidence in 2006 that the FBI was chilling
political association by improperly investigating peaceful advocacy groups like
Greenpeace and People for the Ethical Treatment of Animals (PETA).

The report concludes that the FBI was not spying on groups because of
their political views. Rather, it was investigating them because they
suspected the groups might commit crimes, which was okay under the FBI rules
that existed at the time. By that logic, everyone can be subject to FBI investigation
and possibly be included on a terrorist watchlist.

The report found FBI investigations were often opened based on
"factually weak" or even "speculative" justifications, and were often
kept open even after it was clear there was no criminal activity. We
can attribute this low bar to Attorney General guidelines for opening
investigations, which were gradually weakened during the Bush
administration.

In 2002, the guidelines under then-Attorney General John Ashcroft
required only the "possibility" of a federal crime. This guideline led
activities like the FBI infiltrating a peace group that was doing
nothing more nefarious than handing out anti-war leaflets in downtown
Pittsburgh.

Just last week, a domestic spying program in Pennsylvania that
targeted gas drilling opponents was shut down after it was revealed to
be improperly investigating them as a terrorist threat. That was just
another instance of more than 33 cases of domestic spying by U.S. law
enforcement agencies.

>> Learn more about spying on First Amendment activities.
http://action.aclu.org/site/R?i=Lrs7vtZNDh_JvkxUtn_MsA..


Your Email Isn't Protected

As you read this copy of ACLU Online, you probably think it's private.You know that your papers and effects at home are constitutionally-protected by the Fourth Amendment. You might evenrealize that items on your computer have similar protection. So, itwould be logical to assume that an email you're reading at home onyour computer is covered by the same protections. Sadly, it's not. Because your email has been shared with a thirdparty -- your internet service provider and the other companiesthat transmitted it -- its constitutional protection is uncertainat best.

That's why Congress enacted the Electronic CommunicationsPrivacy Act (ECPA) -- to safeguard electronic communications. Theonly problem is that ECPA was passed in 1986. Yes, it's true. The lawthat protects email -- and all of the other information you viewonline-was passed before there was a World Wide Web or much ofan internet at all. At the time ECPA was passed, Congress couldn't decide if an email was more like a letter or a phone call. In 1986, most users would download their emails to their home computers after opening. Buttoday, most emails are not downloaded and are instead held bythird-party companies -- leaving their content with very little protection after 180 days. And law enforcement even argues that theylose most of their protections once opened. These are the rules for the technology that existed in 1986. Imagine how hard it is to translate the law to social networking sites,location-based services or any of the myriad technologies we usetoday.

This week, both the House and Senate conducted separate hearings onECPA reform. We hope they will give the law a significant overhaul including full warrant protection for all private communications and location information (such as what is derived from cell phones). >> Take action: Tell Congress it's time to modernize our privacy law.

http://action.aclu.org/site/R?i=6ISp_XPwf_kiTHFCdtjJgw.. >> Learn more about the Electronic Communications Privacy Act.http://action.aclu.org/site/R?i=AZzrwf8nxXVs9orpNE_i0w..