FISA Amendments Act of 2008 General Warrants. No specificity required. (All US- London traffic?) Little judicial oversight. FISA court only reviews the government’s “targeting” and “minimization.” No role overseeing actual use of surveillance power. No limits on use of data. Huge databases, stored forever, shared with anyone, re-used for any purpose. Domestic e-mails included. Location uncertain? Go ahead! Immunity for lawbreakers. Don’t try this at home!
An emerging surveillance- industrial complex Recruiting or pressing private companies into service Lobbying by companies for more surveillance Partnerships with data companies
Many options for accessing private data 1.Ask for data to be shared voluntarily 2.Simply buy information 3.Demand it using legal powers 4.“Bake in” surveillance 5.Create regularized systems for standing access to records of private activities
Congress isn’t keeping up either: Just a few things have changed since ECPA drafted in 1986 … 1990: World Wide Web created 1994: Yahoo & Amazon founded 1998: Google founded 2004: Facebook launched
Lifecycle of an email Unopened > 180 days < 180 daysWarrant Subpoena or 2703(d) with notice Opened Header info Basic subscriber info (name, address, connection records, etc) Subpoena or 2703(d) NO notice req’d
And email was one of the specific technologies that existed in 1986! What about… Search Location-based services Cloud Computing