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Government Appetite Growing for Twitter User Data

via Wired.com

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The Twitter transparency report released Monday.

spy1225Twitter said Monday that just 19 percent of federal and state government requests for user data were accompanied by probable-cause search warrants during the six months ending in December 2012.

In all, the San Francisco-based micro-blogging service, in its second so-called transparency report, said there were 815 demands for Twitter account-holder data. Twitter did not say what type of user data was sought in those 815 requests, but it likely includes a mixture of e-mail addresses associated with accounts, IP logs, tweets and direct messages.

Twitter neither said what data it hands over nor said what type of data requires probable-cause warrants. Twitter did not immediately respond for comment.

The disclosure came a week after Google and Yahoo told Wired that it requires probable-cause warrants to divulge to the authorities e-mail and cloud-stored content of its account holders, despite federal law not always demanding that.

MORE . . .

How the FISA Amendments Act Allows for Warrantless Wiretapping, As Described By Supreme Court Justices

By Trevor Timm via Electronic Frontier Foundation

On [October 29, 2012] … the Supreme Court heard oral arguments in Clapper v. Amnesty, an important case that will decide if the ACLU’s challenge to the FISA Amendments Act—the law passed in the wake of the NSA warrantless wiretapping scandal—can go forward.  The Court will essentially determine whether any court, short of a government admission, can rule on whether the NSA’s targeted warrantless surveillance of Americans’ international communications violates the Constitution.1

In Clapper, the plaintiffs — journalists, human rights workers, and lawyers  — filed the lawsuit because the statute prevents them from doing their job without taking substantial measures when communicating to overseas witnesses, sources and clients. EFF has previously explained how the FISA Amendments Act gives the government an unconstitutional license to read any emails or other electronic communications coming into and out of the United States. So let’s hear the Supreme Court Justices, in their own words, explain how invasive the law really is.

Here is how Justice Ginsburg, with an assist from ACLU deputy director Jameel Jaffer, explained how the FISA Amendments Act (FAA) gutted the traditional warrant requirements in FISA, along with the Fourth Amendment:

JUSTICE GINSBURG: Mr. Jaffer, could you be clear on the expanded authority under the FAA? As I understood it, it’s not like in [FISA], where a target was identified and…the court decided whether there was probable cause. Under this new statute, the Government doesn’t say who is the particular person or the particular location. So, there isn’t that check. There isn’t that check.

MR. JAFFER: That’s absolutely right, Justice Ginsburg…The whole point of the statute was to remove those tests, to remove the probable cause requirement, and to remove the facilities requirement, the requirement that the Government identify to the court the facilities to be monitored. So those are gone.

That’s why we use the phrase “dragnet surveillance.” I know the Government doesn’t accept that label, but it concedes that the statute allows what it calls categorical surveillance, which…is essentially the surveillance that the plaintiffs here are concerned about.

As Justice Kagan stated succinctly, “this statute greatly expands the government’s surveillance power. Nobody denies that.”

MORE . . .

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