DOJ’s IG Hints at Concerns about Back Door Search Issues

In addition to focusing on whether the classification of past IG Reports will limit what he can release about the Section 215 dragnet and Section 702 content collection, DOJ Inspector General Michael Horowitz laid out one more significant civil liberties concern related to national security investigations.

Additional concerns about civil rights and liberties are likely to arise in the future. For example, significant public attention has been paid to programs authorizing the acquisition of national security information, but relatively less has been paid to the storing, handling, and use of that information. Yet after information has been lawfully collected for one investigation, crucial questions arise about whether and how that information may be stored, shared, and used in support of subsequent investigations. Similar questions arise about the impact on civil rights and liberties of conducting electronic searches of national security information and about whether and how information obtained in a national security context can be used for criminal law enforcement. As the Department continues to acquire, store, and use national security information, these issues will arise more and more frequently, and the Department must ensure that civil rights and liberties are not transgressed.

I don’t guarantee this is a reference to back door searches.

But we know that FBI has been permitted to conduct searches on content collected under traditional FISA or FISA Amendments Act since at least 2008. We know that the Intelligence Community does not believe it needs even Reasonable Articulable Suspicion — of a national security concern or of a crime — to search this data. And in the past, DOJ has argued it can use FISA-collected information to find things like evidence of rape to use to coerce people to turn informant.

So I’m going to wildarseguess that at least part of what Horowitz alludes to here pertains to whether DOJ can search this incidentally collected information in support of criminal investigations. That would of course violate the spirit of every wiretap law in the country, but given the government’s past interpretations of what the elimination of the wall between NSA and FBI means and their claims they don’t need RAS to search these databases, it is a real possibility that’s what they doing (though they may be claiming that the crimes in question are “related” to the national security claims — things like money laundering and drug sales and so forth).

I’m also interested in Horowitz’ allusion to “national security information.” Does this go beyond content? Is he worried about the use of bulk-collected data in criminal investigations?

OK, now he’s got me worried.

But note what he doesn’t say: that he’s investigating this.

Tweet about this on Twitter13Share on Reddit0Share on Facebook2Google+0Email to someone

4 Responses to DOJ’s IG Hints at Concerns about Back Door Search Issues

  • 1
  • 2
  • 3
  • 4

Emptywheel Twitterverse
bmaz @cocktailhag @lrozen But, hey, I am only 50+ years old+not an international sage who has called for intervention over years. Whatta I know?
2hreplyretweetfavorite
bmaz @cocktailhag @lrozen No, inspire of all the war drum bangers, I have, per long history, no respect, and only contempt.
2hreplyretweetfavorite
bmaz @cocktailhag Well, my original indoctrination to the principle was: "Long arm for taking, and a short arm for giving". About 30 years ago.
2hreplyretweetfavorite
bmaz Whats scary pathetic is that half wit "experts" in "press" are again agitating, just like Vietnam, Iraq, Libya etc for war in Syria+Ukraine
2hreplyretweetfavorite
bmaz I am not sure you geniuses on the east coast with long arm for asking, and short arm for answering, actually give a shit about Sep of Pwrs.
3hreplyretweetfavorite
bmaz I KNOW all you DC Press Peoples are all up on everything, but after weeks of telling you, now @lawfareblog says so, can you pay attention?
3hreplyretweetfavorite
bmaz Maybe the war drum bangers for Syria, Iraq, Ukraine, Somalia+all the other asinine places in world are right; history says no. cc: @lrozen
3hreplyretweetfavorite
bmaz .@nicholsong Ooops, yeah, I fell for that BS back in the day, see: http://t.co/zj45YfdKlZ But turned out to be total bullshit. cc: @lrozen
3hreplyretweetfavorite
bmaz .@nicholsong You have something that says the current, apparent, Obama Admin. rolling desecration of the WPR is fine and dandy? Really?
3hreplyretweetfavorite
bmaz So, sorry, hope I didn't insult any of high holy 30 somethings over petty little thing like Sep of Pwrs. Cause, you know #PoliticalBullshit
3hreplyretweetfavorite
bmaz Lawdy, I JUST CAN'T WAIT for some nubes at @TNR to tell me how freakin OK+normal it is for Obama to be desecrating WPR Separation of Powers.
3hreplyretweetfavorite
bmaz @timmathews Really, that is a great location, right in the heart of New Orleans. #BonusPointsForFalseCheer?
4hreplyretweetfavorite
December 2013
S M T W T F S
« Nov   Jan »
1234567
891011121314
15161718192021
22232425262728
293031