How The FBI Tries To Get Warrantless Access To Your Data

We’re mostly kept in the dark over the surveillance powers of the FBI. Twitter‘s recent release of the FBI's data requests, similar to those received by Yahoo, Cloudflare and Google, might shed some light into how the agency operates. However, this Intercept article tries to lift the veil of secrecy further, offering "a rare window into the FBI’s quiet expansion since 9/11."

The article investigates previously unreleased internal FBI guidelines, which demonstrate the relative ease with which the agency can pursue sensitive electronic data, be it phone records or browsing history. The report reveals that the agency routinely employs national security letters (NSL) to demand clients‘ sensitive records from companies and other organisations.

Why is it a problem? First, as Intercept states, the NSLs “carry the force of law but are created entirely outside the judicial system.” The letters do not require prior approval from a judge. Instead, the FBI bypasses the court and the requests are authorised only by the FBI‘s internal officials, who simply affirm that the requested data is significant to a national security investigation.

Second, according to Intercept, attempts to use NSLs to pursue some types of sensitive information “overstep the bureau’s legal authority.” The Justice Department has expressly instructed the FBI that it does not have the authority to use the letters to request anything more than a name, address, length of service and toll billing records, unless it has a warrant. This means that from a legal point of view, companies are not obliged to provide some of the private user information, such as browsing histories or e-mail records, which are being requested through NSLs.

The Intercept's article offers a worthy read about the FBI's under-the-radar tactics for all citizens concerned about data privacy. In the end, your personal data could be requested through a national security letter too.