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DOJ: We don't need warrants for e-mail, Facebook chats

The U.S. Department of Justice and the FBI believe they don't need a search warrant to review Americans' e-mails, Facebook chats, Twitter direct messages, and other private files, internal documents reveal.

Government documents obtained by the American Civil Liberties Union and provided to CNET show a split over electronic privacy rights within the Obama administration, with Justice Department prosecutors and investigators privately insisting they're not legally required to obtain search warrants for e-mail. The IRS, on the other hand, publicly said last month that it would abandon a controversial policy that claimed it could get warrantless access … Read more

Apple's iMessage encryption trips up feds' surveillance

Encryption used in Apple's iMessage chat service has stymied attempts by federal drug enforcement agents to eavesdrop on suspects' conversations, an internal government document reveals.

An internal Drug Enforcement Administration document seen by CNET discusses a February 2013 criminal investigation and warns that because of the use of encryption, "it is impossible to intercept iMessages between two Apple devices" even with a court order approved by a federal judge.

The DEA's warning, marked "law enforcement sensitive," is the most detailed example to date of the technological obstacles -- FBI director Robert Mueller has called itRead more

Senate bill rewrite lets feds read your e-mail without warrants

See also the follow-up story: Leahy scuttles his warrantless e-mail surveillance bill

A Senate proposal touted as protecting Americans' e-mail privacy has been quietly rewritten, giving government agencies more surveillance power than they possess under current law, CNET has learned.

Patrick Leahy, the influential Democratic chairman of the Senate Judiciary Committee, has dramatically reshaped his legislation in response to law enforcement concerns, according to three individuals who have been negotiating with Leahy's staff over the changes. A vote on his bill, which now authorizes warrantless access to Americans' e-mail, is scheduled for next week.

Leahy's rewritten bill would … Read more

Obama faces piracy, privacy tests in his second term

The most controversial technology topics in President Obama's second term are likely to be two political flashpoints: piracy and privacy.

When Internet activists allied with an hastily assembled coalition of Silicon Valley companies blocked votes on a pair of Hollywood-backed copyright bills early this year, they didn't end efforts to slap stiffer anti-piracy sanctions on the Internet. They merely postponed the fight.

The Stop Online Piracy Act and the Protect IP Act are dead, of course. Those names have become radioactive on Capitol Hill, thanks to a broad public outcry that involved millions of Internet users and actually … Read more

'Dark' motive: FBI seeks signs of carrier roadblocks to surveillance

The FBI has tried to bolster its case for expanded Internet surveillance powers by gathering finger-pointing examples of how communications companies have stymied government agencies, CNET has learned.

An internal Homeland Security report shows that a working group convened by an FBI office in Chantilly, Va. requested details about "investigations have been negatively impacted" by companies' delays, partial compliance, or inability to comply with police surveillance requests.

One of the claims in that report: A police arm of Homeland Security's Immigration and Customs Enforcement, which conducts investigations into immigration, drug, computer, and copyright crimes, reported that no-contractRead more

Judge prods FBI over future Internet surveillance plans

A federal judge has rejected the FBI's attempts to withhold information about its efforts to require Internet companies to build in backdoors for government surveillance.

CNET has learned that U.S. District Judge Richard Seeborg ruled on Tuesday that the government did not adequately respond to a Freedom of Information Act request from the Electronic Frontier Foundation.

Seeborg, in San Francisco, ordered (PDF) a "further review of the materials previously withheld" in the lawsuit, which seeks details about what the FBI has dubbed "Going Dark" -- the bureau's ongoing effort to force companies including … Read more

Feds snoop on social-network accounts without warrants

Federal police are increasingly gaining real-time access to Americans' social-network accounts -- such as Facebook, Google+, and Twitter -- without obtaining search warrants, newly released documents show.

The numbers are dramatic: live interception requests made by the U.S. Department of Justice to social-networking sites and e-mail providers jumped 80 percent from 2010 to 2011.

Documents the ACLU released today show police are using a 1986 law intended to tell police what phone numbers were dialed for far more invasive surveillance: monitoring of whom specific social-network users communicate with, what Internet addresses they're connecting from, and perhaps even "… Read more

FBI renews broad Internet surveillance push

The FBI is renewing its request for new Internet surveillance laws, saying technological advances hinder surveillance and warning that companies should be required to build in back doors for police.

"We must ensure that our ability to obtain communications pursuant to court order is not eroded," FBI director Robert Mueller told a U.S. Senate committee this week. Currently, he said, many communications providers "are not required to build or maintain intercept capabilities."

Mueller's prepared remarks reignite a long-simmering debate pitting the values of privacy, limited government, and freedom to innovate against law enforcement requests … Read more

FBI: New Internet addresses could hinder police investigations

The FBI is worried that an explosion of new Internet numeric addresses scheduled to begin next week may hinder its ability to conduct electronic investigations.

A historic switchover that will give the Internet a nearly inexhaustible supply of network addresses -- up from the current nearly exhausted total of 4.3 billion -- is planned for next Wednesday. AT&T, Comcast, Facebook, Google, Cisco, and Microsoft are among the companies participating.

Side effects from the transition to Internet Protocol version 6, or IPv6, "could have a profound effect on law enforcement," an FBI spokesman told CNET. "… Read more

FBI quietly forms secretive Net-surveillance unit

The FBI has recently formed a secretive surveillance unit with an ambitious goal: to invent technology that will let police more readily eavesdrop on Internet and wireless communications.

The establishment of the Quantico, Va.-based unit, which is also staffed by agents from the U.S. Marshals Service and the Drug Enforcement Agency, is a response to technological developments that FBI officials believe outpace law enforcement's ability to listen in on private communications.

While the FBI has been tight-lipped about the creation of its Domestic Communications Assistance Center, or DCAC -- it declined to respond to requests made two … Read more